Posts tagged #cartel law

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GER: Antitrust Fines: Are Managers Personally Liable?

Competition Law 

Managing directors are not personally liable for cartel fines imposed on a company. This was recently confirmed by the German Duesseldorf Higher Regional Court. There are separate rules on fines in the provisions of cartel law, the court says. The de...

ECJ: Binding Effect for Nullity under Art 101 TFEU

Competition Law 

The European Court of Justice has ruled that in the context of actions for annulment under Art 101(2) of the Treaty on the Functioning of the European Union (hereinafter TFEU), for infringements of competition law, those previously issued decisions i...

OGH: Giphy Takeover by Facebook Permitted

Corporate Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH), as the highest cartel court, has confirmed non-prohibition of the takeover of the GIF platform Giphy by Meta Inc (Facebook), but subject to certain requirements. Facebook parent Meta Inc bought ...

Antitrust law: Advocate General in favor of "descending" liability for damages of the cartelists' subsidiaries

In a case before the European Court of Justice (ECJ), the theory of economic unity in antitrust law could take on a new dimension: While up to now parent companies have been punished for cartel violations committed by their subsidiaries ("ascending" ...

ECJ: 100% of voting rights suffice for liability for antitrust fines

The European Court of Justice (ECJ) has made clear that a parent company's liability for infringements of competition law by its subsidiary does not require that the parent company holds 100% of the shares in the subsidiary. Rather, it is sufficient ...

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