Should Children Pay for Their Parent’s Sins? The Sumal Preliminary Reference

Journal of European Competition Law & Practice, Oxford University Press, 2020

17 Pages Posted: 15 Oct 2020

See all articles by Marcos Araujo Boyd

Marcos Araujo Boyd

University of Glasgow, Faculty of Law & Financial Studies, School of Law

Date Written: September 7, 2020

Abstract

While EU competition rules are addressed at ‘undertakings’, a notion that denotes economic rather than legal entities, their enforcement requires the identification and imputation of one or more legal persons.

The pending Sumal preliminary reference seeks guidance on whether a follow-on claim may be directed against an affiliate of the legal entity identified in the prior decision of the Commission.

The questions before the Court are expected to clarify the power of national courts to attribute liability to legal entities when enforcing a decision in the field of competition law.

Keywords: EU Competition law, notion of undertaking, legal persons

Suggested Citation

Araujo Boyd, Marcos, Should Children Pay for Their Parent’s Sins? The Sumal Preliminary Reference (September 7, 2020). Journal of European Competition Law & Practice, Oxford University Press, 2020, Available at SSRN: https://ssrn.com/abstract=3688438 or http://dx.doi.org/10.2139/ssrn.3688438

Marcos Araujo Boyd (Contact Author)

University of Glasgow, Faculty of Law & Financial Studies, School of Law ( email )

Glasgow, Scotland
United Kingdom

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