Beyond Skanska. The Court of Appeal of Leeuwarden’s Latest Decision in TenneT

4 Pages Posted: 27 Mar 2020

Date Written: January 1, 2020

Abstract

The Court of Justice’s decision in Skanska constituted a milestone in the development of the rules on private enforcement of EU competition law. The Court settled the widely disputed question as to whether or not the concept “undertaking” has the same scope under the rules relating to public and private enforcement of competition law. The Court answered this question positively and deduced that the theory of economic continuity developed in EU competition law also applies in cases for damages caused by the infringement of the EU competition rules.

Shortly after the Skanska decision a Dutch Court of Appeal deduced from the Skanska decision that a subsidiary can be held liable for damages caused by an infringement of the competition rules by its parent company.

The case note discusses whether this indeed follows from the Skanska decision in light of the Court of Justice’s earlier case law on the theory of parent company liability and it relationship to the concept “undertaking”.

Keywords: Competition law - undertaking - group liability - parent company - subsidiary - private enforcement - Dutch case law

Suggested Citation

Cauffman, Caroline, Beyond Skanska. The Court of Appeal of Leeuwarden’s Latest Decision in TenneT (January 1, 2020). Available at SSRN: https://ssrn.com/abstract=3512364 or http://dx.doi.org/10.2139/ssrn.3512364

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

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