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Competition

12 October 2012
Issue: 7533 / Categories: Case law , Law digest , In Court
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Shell Petroleum NV and other companies v European Commission T-343/06, [2012] All ER (D) 42 (Oct)

The case law of the Court of Justice of the European Union established that, in order to rebut the presumption that a parent company which owned 100% of the capital of its subsidiary in fact exercised a decisive influence over that subsidiary, as interpreted by the Commission, it was for the parent company to put before the Commission and, where relevant, the Courts of the European Union, any evidence relating to the organisational, economic and legal links between its subsidiary and itself which was apt to demonstrate that they did not constitute a single economic entity. It was, therefore, a rebuttable presumption which it was for the applicants to rebut. It followed from the case-law, moreover, that a presumption, even where it was difficult to rebut, remained within acceptable limits so long as it was proportionate to the legitimate aim pursued, it was possible to adduce evidence to the contrary and the rights of the defence were safeguarded.

Where an infringement had

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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