by Philip Bentley QC and Philipp Werner
The European General Court (GC) has confirmed a European Commission decision to hold chemical companies EI du Pont de Nemours and Dow Chemical jointly and severally liable for a fine imposed on their 50:50 joint venture (JV) for an infringement of European competition law (EI du Pont de Nemours and Company v Commission T-76/08 and The Dow Chemical Company v Commission T-77/08). In light of this judgment, parent companies would be well advised to check that their 50:50 JVs are compliant with EU competition rules.
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