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C‑680/20 Unilever: Exclusionary Conduct of Distributors May Be Imputed to Producer journal article

Octave Schyns

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 2, Page 134 - 137

Case C‑680/20 Unilever Italia Mkt. Operations Srl v Autorità Garante della Concorrenza e del Mercato, Judgment of the Court (Fifth Chamber) of 19 January 2023 In the Unilever case1 the CJEU finds that in specific circumstances the conduct of distributors forming part of a distribution network can be attributed under Article 102 TFEU to a producer at the head of this network. It is not necessary that these distributors are part of the dominant undertaking or that ‘hierarchical links’ exist between those distributors and the dominant undertaking. In addition, if in the course of administrative proceedings an undertaking submits evidence that its conduct is unable to produce anti-competitive effects, the competition authority is required to examine this evidence.


The Theory of Economic Unit and the ‘Downward’ Liability of Subsidiaries for the Sins of Their Parent Companies: Better Not! (C-882/19 Sumal) journal article

Catarina Vieira Peres de Fraipont, Inês Neves

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 1, Page 98 - 103

Case C‑882/19 Sumal, S.L. v Mercedes Benz Trucks España, S.L., Judgment of the Court (Grand Chamber) of 6 October 2021 By judgment of 6 October 2021, in the Sumal case, the Court of Justice ruled that the victim of an anticompetitive infringement may bring an action for damages, either against a parent company who has been addressed by an infringement decision of the European Commission, or against a subsidiary which is not referred to in that decision. In order to do so, those two entities have to be part of the same economic unit and there has to be a specific link between the economic activity of that subsidiary and the subject matter of the infringement for which the parent company was held to be responsible.

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