Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, November 15, 2019

Follow-up to Skanska – The 'Implementation' by National Courts So Far

Hans-Markus Wagener, Heinrich-Heine-University, Düsseldorf (Germany) offers a Follow-up to Skanska – The 'Implementation' by National Courts So Far.

ABSTRACT: In its Skanska ruling, the European Court of Justice spelled out the liability of group companies for cartel damages. German courts have now handed down first rulings in respective cases. They reject a subsidiary’s or a sister company’s capability of being sued for cartel damages in civil court and thus, in principle their civil liability for infringements by other members of the same economic unit. Contrary to this assessment, Spanish courts of appeal did find subsidiaries to be liable for cartel damages in similar constellations. These opposite views are rooted in the contradictory premises of national liability laws on the one hand and European competition law on the other. However, only the synchronism of civil liability with the undertaking’s responsibility for fines fits in well reasonably with the framework of European competition law.

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