The ECJ's Decision in VM Remonts and the Extension of Liability for the Anticompetitive Conduct of Service Providers Under Article 101(1) TFEU

Abstract

In VM Remonts, the European Court of Justice explored the potential for an undertaking to be liable for the anticompetitive acts of the independent service providers it has engaged. By seemingly extending the scope of potential liability for the acts of service providers to situations where the undertaking in question had no direct knowledge or awareness of the anticompetitive objective of the service provider, the ECJ's judgment may lead to an increased burden on businesses when it comes to selecting service providers and putting sufficient safeguards in place. This article discusses the content and context of the VM Remonts case and sets out some of its potential implications for businesses from a compliance perspective going forward.

Keywords: Competition, liability, human rights, compliance

JEL Classification: K20, K21