Who is to Blame? Liability of 'Economic Units' for Infringements of EU Competition Law

Abstract

The ECJ’s ruling in Knauf Gips case (C-407/08P) further develops the concept of a «single economic unit» that allows attribution of liability for anti-competitive conduct in cases involving complex corporate structures where the possibility of exercising a decisive influence cannot be always determined on the basis of the controlling shareholdings. The existence of a «single economic unit» can be inferred on the basis of a «consistent body of evidence» requiring case-by-case assessment.

Keywords: EU competition law, European Court of Justice, single economic unit, corporate liability