by Philip Bentley QC, Philipp Werner and Christoph Voelk

Under EU antitrust law, parent companies are presumed liable for antitrust infringement of their wholly owned subsidiaries.  While this presumption is rebuttable, it is unclear what a company must do to rebut it successfully.  The recent Air Liquide judgment of the General Court of the European Union marks the first time that a company escaped the presumption of liability, if only for procedural reasons.  The judgment also sheds some light on the arguments that may work for a parent company.

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