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Parental Liability for Cartel Infringements

BY | November 10, 2009

James Bourke, Nov 12, 2009 The imputation of liability to a parent company for its subsidiary’s participation in a cartel forms part of a field of law which has been…

James Bourke, Nov 12, 2009

The imputation of liability to a parent company for its subsidiary’s participation in a cartel forms part of a field of law which has been ploughed almost exclusively by the Community Courts. Ultimately, imputation is permissible where the parent and subsidiary form part of a single economic entity (an “undertaking”) such that the subsidiary lacks autonomy with respect to commercial policy. However, the wording of the test originally set out by the Eu

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