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The victim of an anti-competitive practice by the parent company may also bring an action for compensation against a subsidiary of that company

  • 18/10/2021

The Grand Chamber of Court of Justice of the European Union, with the decision n. 882 on 6th Octobet, 2021, decided that the article 101 TFUE prohibits to Member State from providing in their legislation the possibility of imputing liability arising from the conduct of the subsidiary to the parent company. Therefore, the action for damages brought against the subsidiary isn’t contrary to that article if the anti-competitive behaviour has been carried out by the parent company and, taking into account the economic, organisational and legal constraints between those two entities and the concrete link between the economic activity of the subsidiary and the object of the infringement for which the parent company was held liable, they together constitute an economic unit.

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