Parental Liability for the Antitrust Infringements of Subsidiaries: A Rebuttable Presumption or Probatio Diabolica?

European Law Reporter, No. 10, pp. 288-292, 2011

5 Pages Posted: 12 Jan 2012

Date Written: October 1, 2011

Abstract

The ECJ judgments delivered in Arkema and Elf Aquitaine further develop the rules on application of the shareholding-based presumption which allows the Commission to impute to the parent companies liability for antitrust infringements committed by their subsidiaries. The ECJ reaffirms the rebuttable nature of the presumption and emphasises the need to conduct a detailed assessment of the parties’ arguments presented for the rebuttal of the above presumption. It remains to be seen what evidence the parties will need to present in order to succeed in rebutting the presumption.

Keywords: EU competition law, European Court of Justice, corporate liability, presumptions

Suggested Citation

Svetlicinii, Alexandr, Parental Liability for the Antitrust Infringements of Subsidiaries: A Rebuttable Presumption or Probatio Diabolica? (October 1, 2011). European Law Reporter, No. 10, pp. 288-292, 2011, Available at SSRN: https://ssrn.com/abstract=1983464

Alexandr Svetlicinii (Contact Author)

University of Macau - Faculty of Law ( email )

Macau

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