We use cookies

Moalem Weitemeyer uses cookies, including cookies from third parties, needed to make the website work and to enhance the user experience. Cookies are also used to detect inexpediencies and to examine your interactions with our website. Read more about how we use cookies and take care of your data here

Necessary/functional

Statistical

Accept

15 October 2021

The Court of Justice of the European Union states that Subsidiaries may be liable for Parent Company infringement of Competition Law

Group 7 Created with Sketch.
Download PDF version
Introduction

It is well known that a parent company can be fined if a subsidiary under its control infringes the prohibition of anti-competitive agreements as set out in the Treaty on the Function of European Union No 2012/C 326/01 (“TFEU”). Such has been stated in earlier EU judgments regarding this matter.

On the opposite, it has been unclear, whether the same would apply in a situation where the parent company has infringed the antitrust regulation and if the subsidiary could then become liable for the parent company’s committed infringements. In a recent decision, the Court of Justice of the European Union (The EU Court) concluded that the subsidiary can be liable in such a situation.

Pernille Nørkær

Partner

+45 30 37 96 40

Go to profile

Jeanette Kjeldgaard Rasmussen

Senior Associate

+45 30 37 96 44

Go to profile

Patricia Rasch

Associate

+45 30 37 96 94

Go to profile

The Latest

See all insights

22 April 2024

The EU Listing Act – A new Chapter for European Capital Markets

15 April 2024

The Danish Financial Supervisory Authority has released the 2023 statistics on violations of Danish capital market regulation

22 March 2024

Lennart Meyer Østenfjeld joins as Partner

5 March 2024

Danish Crown – Judgment about Greenwashing

26 February 2024

Distressed M&A - Asset Transfer: A Lifelife for Distressed Companies

13 February 2024

Distressed M&A - Navigating through the Challenges

25 January 2024

New bill with significant changes on the Danish Competition Act in consultation

7 January 2024

Can AI be considered the inventor of a patent?

1 January 2024

Andreas Hvid Clement joins as Partner and Head of Real Estate M&A

19 December 2023

The political Agreement on the EU Artificial Intelligence Act ("the AI Act") and new important Judgments from the CJEU on GDPR Fines and Damages Actions