The presumption of parental liability and the need for full judicial review - An analysis of based on the recent case of Alliance One v European Commission.
(2014) In JAEM1 20141 JAEM01 20141Department of Law
- Abstract
- The presumption of parental liability is an important tool for the Commission, enabling it to hold parent companies jointly and severally liable with their subsidiaries. Parent companies claim however, that they cannot rebut the presumption and are thus rendered strictly liable for their subsidiaries’ conduct. Due to the fact that parent companies repeatedly failed rebutting the presumption with evidence based arguments, they have changed their approach. Thus, parent companies started bringing appeals, claiming that their right to a fair trial was violated. This gave rise to a general debate regarding the compatibility of competition law proceedings, and in particular the presumption of parental liability, with Article 6 ECHR. This... (More)
- The presumption of parental liability is an important tool for the Commission, enabling it to hold parent companies jointly and severally liable with their subsidiaries. Parent companies claim however, that they cannot rebut the presumption and are thus rendered strictly liable for their subsidiaries’ conduct. Due to the fact that parent companies repeatedly failed rebutting the presumption with evidence based arguments, they have changed their approach. Thus, parent companies started bringing appeals, claiming that their right to a fair trial was violated. This gave rise to a general debate regarding the compatibility of competition law proceedings, and in particular the presumption of parental liability, with Article 6 ECHR. This question has become increasingly interesting in the light of the CFREU and the possible future accession of the EU to the ECHR. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4499885
- author
- Steinhauer, Jan-Niklas LU
- supervisor
- organization
- course
- JAEM01 20141
- year
- 2014
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Presumption of parental liability, Judicial review, European Court of Justice, European Court of Human rights
- publication/series
- JAEM1 20141
- language
- English
- id
- 4499885
- date added to LUP
- 2014-08-01 15:36:50
- date last changed
- 2014-08-01 15:36:50
@misc{4499885,
abstract = {{The presumption of parental liability is an important tool for the Commission, enabling it to hold parent companies jointly and severally liable with their subsidiaries. Parent companies claim however, that they cannot rebut the presumption and are thus rendered strictly liable for their subsidiaries’ conduct. Due to the fact that parent companies repeatedly failed rebutting the presumption with evidence based arguments, they have changed their approach. Thus, parent companies started bringing appeals, claiming that their right to a fair trial was violated. This gave rise to a general debate regarding the compatibility of competition law proceedings, and in particular the presumption of parental liability, with Article 6 ECHR. This question has become increasingly interesting in the light of the CFREU and the possible future accession of the EU to the ECHR.}},
author = {{Steinhauer, Jan-Niklas}},
language = {{eng}},
note = {{Student Paper}},
series = {{JAEM1 20141}},
title = {{The presumption of parental liability and the need for full judicial review - An analysis of based on the recent case of Alliance One v European Commission.}},
year = {{2014}},
}