11 octobre 2021
Civil sanctions – Damages
The victim of an anticompetitive practice may bring an action for damages without distinction either against a parent company which has been punished by the Commission for that practice in a decision or against a subsidiary of that company where those companies together constitute a single economic unit having regard, notably, to the specific link between the economic activity of that subsidiary and the subject matter of the infringement for which the parent company was held to be responsible.
CJEU Case C-882/19 Sumal SL, Judgment of 6 October 2021, LawLex202100005498JBJ
Commission decision – Objections
The fact that in its final decision the Commission reduced the duration of the infringement compared to that initially estimated in the Statement of Objections does not mean that there has been a violation of the rights of the defense, even though in certain cases such a reduction may result in a higher fine.
CJEU Case T-343/18 Tokin Corp, Judgment of 29 September 2021, LawLex202100005427JBJ