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12 October 2012
Issue: 7533 / Categories: Case law , Law digest , In Court
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Competition

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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