header-logo header-logo

EU

01 November 2013
Issue: 7582 / Categories: Case law , Law digest , In Court
printer mail-detail

Dow Chemical Co v European Commission C-179/12 P, [2013] All ER (D) 207 (Oct)

According to settled case-law, the behaviour of a subsidiary could be imputed to the parent company, in particular where, despite having separate legal personality, that subsidiary did not decide independently upon its own conduct on the market, but carried out, in all material respects, the instructions given to it by the parent company, regard being had in particular to the economic, organisational and legal links between those two legal entities. In such a situation, because the parent company and its subsidiary formed a single economic unit and therefore formed a single undertaking for the purposes of Art 81 EC, the Commission might address a decision imposing fines to the parent company, without having to establish the personal involvement of the latter in the infringement. Further, the court had stipulated that account should be taken of all the relevant factors relating to the economic, organisational and legal links which tie the subsidiary to the parent company, which might vary from case to case and could

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
back-to-top-scroll