Vicarious Liability in Groups of Companies and in Supply Chains - Is Competition Law Leading the Way?
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Vicarious Liability in Groups of Companies and in Supply Chains - Is Competition Law Leading the Way? / Ulfbeck, Vibe Garf.
I: Market and Competition Law Review, Bind 3, Nr. 2, 2019, s. 107-129.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Vicarious Liability in Groups of Companies and in Supply Chains - Is Competition Law Leading the Way?
AU - Ulfbeck, Vibe Garf
PY - 2019
Y1 - 2019
N2 - The article discusses the concept of vicarious liability in the area of competition law. It argues that this concept is to some extent embedded in the conceptof the undertaking under competition law with the consequence that parent companies – under certain conditions – can be held liable for competition law infringements committed by subsidiaries. The liability can be termed “vicarious” because itis imposed regardless of whether the parent company was involved in or ought tohave had any knowledge of the competition law infringements committed by thesubsidiary. Whereas such liability has until recently only been imposed for administrative fines, the Skanska decision changes this. Following this decision it must beassumed that parent companies can also be held vicariously liable for civil liabilityincurred by a subsidiary. It is pointed out that it is a separate question whether theAkzo-presumption rule, established with regard to the imposition of fines for competition law infringements, can also be applied in a pure civil liability case concerningparental liability. Next, the article discusses whether the results reached in the area ofcompetition law can be transferred to other areas of the law. In this regard, the articleanalyses recent case law with regard to parental liability for workers’ injuries and environmental damage and compares these areas of the law to competition law. Finally,the article discusses whether the concept of the undertaking can be extended to applyalso in situations where companies are not tied by ownership but by contract. In thisregard the article focuses on the (possibly) emerging concept of supply chain liability.
AB - The article discusses the concept of vicarious liability in the area of competition law. It argues that this concept is to some extent embedded in the conceptof the undertaking under competition law with the consequence that parent companies – under certain conditions – can be held liable for competition law infringements committed by subsidiaries. The liability can be termed “vicarious” because itis imposed regardless of whether the parent company was involved in or ought tohave had any knowledge of the competition law infringements committed by thesubsidiary. Whereas such liability has until recently only been imposed for administrative fines, the Skanska decision changes this. Following this decision it must beassumed that parent companies can also be held vicariously liable for civil liabilityincurred by a subsidiary. It is pointed out that it is a separate question whether theAkzo-presumption rule, established with regard to the imposition of fines for competition law infringements, can also be applied in a pure civil liability case concerningparental liability. Next, the article discusses whether the results reached in the area ofcompetition law can be transferred to other areas of the law. In this regard, the articleanalyses recent case law with regard to parental liability for workers’ injuries and environmental damage and compares these areas of the law to competition law. Finally,the article discusses whether the concept of the undertaking can be extended to applyalso in situations where companies are not tied by ownership but by contract. In thisregard the article focuses on the (possibly) emerging concept of supply chain liability.
U2 - 10.7559/mclawreview.2019.2361
DO - 10.7559/mclawreview.2019.2361
M3 - Journal article
VL - 3
SP - 107
EP - 129
JO - Market and Competition Law Review
JF - Market and Competition Law Review
SN - 2184-0008
IS - 2
ER -
ID: 288340939