Liability for Anti-Competitive Conduct of a Third Party under EU Competition Law
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2018, Vol 11, Issue 17
Abstract
The article discusses the framework of liability for anti-competitive conduct of a genuinely independent third party as set forth in relevant judgments. It refers to concepts of third party liability in the light of the principle of personal responsibility developed by doctrine and jurisprudence. The CJEU has set out important rules relating to liability of an undertaking for actions of its independent service provider. However, it still left some important issues unresolved. The paper focuses on the test for the attribution of anti-competitive conduct of a service provider and refers to its interpretation and application. It questions whether the introduced test provides sufficient legal certainty for undertakings. It briefs on the steps that must be taken by undertakings to distance themselves from an infringement and offers some suggestions how to limit or prevent exposure to liability.
Authors and Affiliations
Magdalena Knapp
Keywords
Related Articles
- EP ID EP521068
- DOI 10.7172/1689-9024.YARS.2018.11.17.4
- Views 49
- Downloads 0
Workshop – Reform of Regulation 1/2003: Effectiveness of the NCAs and Beyond. Warsaw, 28 April 2017 (conference report)
An International Workshop entitled ‘Reform of Regulation 1/2003 – Effectiveness of the NCAs and Beyond’ was held at the University of Warsaw, Faculty of Management on the 28 April 2017. It was organized jointly by the Co...
Can an Ideal Court Model in Private Antitrust Enforcement Be Established?
Any discussion of private antitrust enforcement usually focuses on substantive law and proceedings applicable to private antitrust cases. Those elements are important, however, the efficacy of both public and private enf...
National Identity as a General Principle of EU Law and itsImpact on the Obligation to Recover State Aid
Unlike other general principles of EU law, which derive from the CJ jurisprudence, the principle of national identity is based on a clear legal provision. Article 4(2) TEU stipulates that the Union shal...
Problems Related to Determining of a Single Economic Entity under Competition Law
The article explores the problems related to the determination of a single economic unit under competition law. The first part of the article addresses the concept of a single economic entity. It is presumed that compani...
Contracts and Automation: Exploring the Normativity Of Automation in the Context of U.S. Contract Law and E.U.Consumer Protection Directives
Given a choice between two systems of contract rules, acourt or legislature may have a normative obligation to adopt the rule that is more susceptible to coding and automation. This paper explores the ramifications of th...