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01 November 2013
Issue: 7582 / Categories: Case law , Law digest , In Court
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EU

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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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