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

27 September 2022

3 Companies found to have engaged in Greenwashing

20 September 2022

Happy Rosh Hashanah!

5 September 2022

New Draft for Template Lease Contract A, 10th Edition authorized as of 1 September 2022

4 September 2022

Proposal on a New Act on Employer's Obligation to inform Employees of the Conditions applicable to the Employment Relationship and Certain working Conditions

26 August 2022

New Political Agreement on Landlords' Right to adjust Rent

27 July 2022

Maintenance and Alignment Sanctions Package

14 July 2022

New Draft for Template Lease Contract A, 10th Edition

11 July 2022

New EU regulation on Foreign Subsidies to add on a Third regulatory approval Regime for M&A deals

5 July 2022

A new draft bill which, if adopted, will lead to significant changes in the rules on pre-emption rights (in Danish: “tilbudspligten”) under the Danish Lease Act

24 June 2022

Updated ESMA Market Abuse Regulation Guidelines on the delay of Disclosure of Inside Information and Interactions with prudential supervision