This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Parental Liability in EU Competition Law - A Fair Presumption?

Abstract

Under EU competition law, there is a presumption that a parent company with a 100% shareholding in its subsidiary company exercises decisive influence. The European Commission has the power to fine such parent company for the competition infringements of its subsidiary. Irrespective of the parent company’s personal involvement or awareness of the competition infringement, the subsidiary’s conduct is attributed to the parent and both the parent and the subsidiary are held jointly and severally liable for the infringement. This presumption can be rebutted if there is evidence that the subsidiary “acts independently on the market”. It follows in such case that the burden of proof falls on the Commission to demonstrate actual exercise of decisive influence over the day-to-day operations of the subsidiary. Also in the case where the parent does not hold 100% shareholding in its subsidiary, it is (at least in theory) for the Commission to show that the parent in fact exercises a decisive influence.

Read Paper

Author

Portrait image of Maria Troberg
Maria Troberg
Senior Legal Counsel, Competition, Nokia, Finland

Maria Troberg is a Senior Legal Competition Counsel at Nokia based in Espoo, Finland. Prior to joining Nokia, Maria spent five years working at Roschier Attorneys, a leading Nordic law firm, doing EU and competition law. She was also seconded to GE Healthcare and Nokia. Maria has also worked in a Finnish technology start up in online advertising as the company's Head of Legal. Her professional experience includes working at the European Commission's DG Competition, the U.S. Federal Trade Commission in Washington DC, and the law firm Cleary Gottlieb Steen Hamilton in Brussels. Maria holds an LL.M. in European law from the College of Europe in Bruges (2008) and an LL.M. in antitrust law from Georgetown University (2011), where she studied on a Fulbright-Schuman scholarship and graduated with distinction (Dean’s list). She is a qualified lawyer in Finland and New York (member of the New York State Bar).

Company

Nokia logo

Nokia

About Nokia: Nokia invests in technologies important in a world where billions of devices are connected. Headquartered in Espoo, Finland, and with operations around the world, Nokia is focused on three businesses: network infrastructure software, hardware and services, which are offered through Nokia Networks; location intelligence, which are provided through HERE; and advanced technology development and licensing, which are pursued through Nokia Technologies. Each of these businesses is a leader in its respective field. http://company.nokia.com

Related Papers

Can Structural Separation be Imposed Under the UK’s Competition and Telecoms Regulatory Framework?
Competition and regulatory authorities’ tool-kit generally includes the power to break up firms. However the evidence that customers benefit from separation is not always clear. In the telecoms industry...Read more
Portrait image of Beatrice Roxburgh
Beatrice Roxburgh
Senior Tutor, The University of Law, UK
Non-Price Discrimination in the Greek Wholesale Electronic Communications Market – The Decision of the Greek NRA and Competition Authority (EETT)
The Greek case of ‘Non-discrimination’ in the Electronic Communications market - (EETT Decision N. 826/04/2017 ) During 2017, the Greek NRA EETT , which represents both the NRA and the Competition...Read more
Portrait image of Xanthi Bitzidou
Xanthi Bitzidou
Senior Lawyer, E.E.T.T, Greece
Competition Law, Big Data and Privacy
For years, big data has been the hot buzzword across industries. At the same time, the debate about big data and its implications for competition law has grown louder. The...Read more
Portrait image of Maria Wasastjerna
Maria Wasastjerna
Senior Legal Counsel Competition Law, Nokia, Finland
The Infrastructure Sharing's Regulation as a Competition Fostering Factor in the Telecommunications Market Worldwide
Telecom markets worldwide are growing rapidly and regimes with public service providers are certainly in decline as the remaining markets subject to such regimes are either transitioning to a privatized...Read more
Portrait image of José Evandro Monteiro
José Evandro Monteiro
In-House Counsel, Highline do Brasil Infraestruturas de Telecomunicações SA, Brazil