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Recidivism and Parental Antitrust Liability: An Insight From the EU

BY | January 21, 2026

This article interrogates recidivism as an aggravating factor when combined with the doctrine of parental liability, where responsibility attaches to the “undertaking” rather than the individual legal entity. The piece...

This article interrogates recidivism as an aggravating factor when combined with the doctrine of parental liability, where responsibility attaches to the “undertaking” rather than the individual legal entity. The piece traces the uneven evolution of EU case law and shows how recidivism, when layered onto presumptions of decisive influence, can expose parent companies to significantly enhanced fines for historic conduct they may not have directly controlled—or even been formally accused of

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