Joint Liability of Parent Companies in the European Union Competition Law

Abstract: The attribution of joint and several liability to parent companies is a highly disputed area of the European Union competition law. The body of relevant case law distinguishes the following issues. The current practice of the attribution of parental liability is founded on three pillars. First, the presumption of decisive influence over a wholly-owned subsidiary, second, the concept of one undertaking resulting in the attribution of liability in the absence of personal involvement in the infringement, third, the notion of the refutability of the presumption. The current practice attracts critique aimed at the alleged practical irrefutability of the presumption and the failure to observe the fundamental principle of personal responsibility. The objective of this thesis is to provide a comprehensive guidance in terms of conceptual and practical aspects relevant for the companies seeking to escape parental liability for the unlawful conduct of their subsidiaries. The thorough analysis of the relevant body of case law and scholarly debates addresses the arguments submitted by the companies in effort to rebut the presumption and their viability in the appeal procedure, resulting in a conclusion that, in the recent years, the Union Courts have adopted a more stringent review of the Commission’s decisions concerning the duty of the latter to state reasons and address applicants’ submissions. However, the settled practice concerning the application of the presumption remains effectively unaltered. In the current state of affairs, the single viable solution available for the companies seeking to rebut the presumption is to provide evidence that the interest it holds in respect of its subsidiary is based on purely financial considerations.