CEU Electronic Theses and Dissertations, 2014
| Author | Beregovyi, Denys |
|---|---|
| Title | PARENTAL LIABILITY FOR COMPETITION LAW VIOLATIONS: LESSONS FOR EMERGING MARKETS |
| Summary | During last few decades the issue of attribution of liability for competition law infringement committed by a subsidiary company to its parent (the so-called parental liability) has become widely discussed in among scholars and competition law practitioners, “thanks to” EU competition law developing the doctrine. As a result, nowadays the issue of parent company liability for their subsidiary’s conduct is nothing but an example of dialectic dilemma, involving two contrasting doctrines – EU law notion of undertaking and corporate separateness principle, deriving from Roman law concepts of legal personality. This paper is devoted to present a comprehensive comparative analysis of doctrines of parental liability and corporate separateness from the prospective of developing competition regimes, their implications in practice of U.S. and EU antitrust authorities and to answer the question, whether it is worth to adopt parental liability and if yes, whether EU model is a good solution. The ultimate result of the research is that parental liability as a concept of competition law is able to produce positive effects and should not be denied without establishing effective alternative. However, number of different issues shall be taken into account when adopting the theory, while, as it appears to be in the EU, it may put a heavy burden on parent companies and may prevent them in a long-term prospective from adoption of effective compliance policies and entering new markets. Therefore, the EU model shall not be blindly copied by developing states. |
| Supervisor | Stuyck Jules |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/beregovyi_denys.pdf |
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