New private enforcement referral: liability of undertakings

A referral from a Barcelona court, published yesterday in the OJ (C-882/19), in a follow-on action to the trucks cartel, asks the CJEU to clarify the economic unit theory and the impact of its Skanska judgment.

We already know that, in European competition law, the parent company is liable in civil claims for the infringements carried out by its subsidiaries. Now, we will find out if there is also descending liability within the economic unit: is the subsidiary liable for an infringement carried out by the parent company? Under what conditions? Can national law exclude this liability?

Read the referral here.