6 Attribution of Cartel Liability

Subject(s):

Cartels — Market definition — Market power — European Union

The chapter discusses the attribution of liability in cartel cases from three angles: direct attribution of liability, parental liability, and successor liability. The first angle concerns questions such as the conditions under which the conduct of employees or consultants that are directly involved in a cartel can be imputed to a particular legal entity. The second angle deals with the extent to which legal entities that are not directly involved can assume liability for the cartel conduct of a related legal entity. The third angle concerns the attribution of liability in cases where corporate restructuring or corporate transactions have taken place between the time of the participation in the cartel and the date of the decision by the Commission. These topics are discussed by Frank Wijckmans (contrast, Brussels) from a private practitioner’s perspective and by André Bouquet (Legal Service, European Commission) from the angle of a public enforcer.