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Subsidiaries Court of Justice of the European Union (CJEU)

K&L Gates LLP

The Sumal Case or the Liability of Subsidiaries

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On 6 October 2021, the Court of Justice of the European Union (CJEU or the Court) issued a judgment in case C-882/19 following a request for a preliminary ruling by the Court of Appeal of Barcelona (the Referring Court). ...more

K&L Gates LLP

Brussels Regulatory Brief: October - November 2021

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ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more

K&L Gates LLP

Brussels Regulatory Brief: November 2020

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ANTITRUST AND COMPETITION  - The Court of Justice of the European Union Reinforces the European Commission’s Strict Approach on Parental Liability for Antitrust Breaches of Subsidiaries  - On 28 October 2020, the Court of...more

Kramer Levin Naftalis & Frankel LLP

Cartels — Presumption of Decisive Influence by the Parent Company on Its Subsidiaries and Solidarity for the Payment of the...

On Oct. 28, 2020, the European Court of Justice ruled on one of the aspects of the proceedings relating to the power cable cartel, for which the main European, Japanese and South Korean manufacturers were fined a total of...more

Proskauer Rose LLP

UK Tax Round Up - March 2019

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EU developments - European Court rules that withholding tax exemptions under EU Directives can be denied by abuse of rights principle - At the end of February, the Court of Justice of the European Union (CJEU) issued...more

McDermott Will & Emery

CJEU Rules on Parent-Subsidiary & Interest and Royalties Directives Anti-abuse Clauses

On February 26, 2019 the Court of Justice of the European Union (CJEU) issued the long-awaited judgments on the cases concerning the Danish government withholding tax on dividends and interest paid by Danish companies to...more

BCLP

A Heavy Burden: French Company Held Liable for Infringement of Competition Law by Subsidiary Due to Failure to Prove Independence

BCLP on

It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice...more

McGuireWoods LLP

Brexit: Preparing for the Unknown — Practical steps

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The UK’s new Prime Minister Theresa May has said: “The country voted to leave the European Union, and as prime minister I will make sure that we leave the European Union.” That seems like a clear statement, but the...more

A&O Shearman

UK financial sanctions: bank cannot claim for subsidiary’s losses

A&O Shearman on

Bank Mellat v HM Treasury [2016] EWCA Civ 452, 10 May 2016 - The Iranian bank, Bank Mellat, whilst having had recent success challenging EU sanctions before the Court of Justice for the European Union (CJEU), is having...more

K&L Gates LLP

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

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On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

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