Liability for Anti-Competitive Conduct of a Third Party under EU Competition Law
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2018, Vol 11, Issue 17
Abstract
The article discusses the framework of liability for anti-competitive conduct of a genuinely independent third party as set forth in relevant judgments. It refers to concepts of third party liability in the light of the principle of personal responsibility developed by doctrine and jurisprudence. The CJEU has set out important rules relating to liability of an undertaking for actions of its independent service provider. However, it still left some important issues unresolved. The paper focuses on the test for the attribution of anti-competitive conduct of a service provider and refers to its interpretation and application. It questions whether the introduced test provides sufficient legal certainty for undertakings. It briefs on the steps that must be taken by undertakings to distance themselves from an infringement and offers some suggestions how to limit or prevent exposure to liability.
Authors and Affiliations
Magdalena Knapp
Problems Related to Determining of a Single Economic Entity under Competition Law
The article explores the problems related to the determination of a single economic unit under competition law. The first part of the article addresses the concept of a single economic entity. It is presumed that compani...
Fourth National Academic Conference – Consumer in the Rail Passenger Market, Łódź (Poland), 26 April 2017 (conference report)
On 26 April, the Fourth National Academic Conference entitled “The Consumer in the Rail Passenger Market” was held at the Faculty of Law and Administration of the University of Łódź (WPiA UŁ). The event was organised by...
The Scope of the Implementation of the Damages Directive in CEE States
The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member...
Liability for Anti-Competitive Conduct of a Third Party under EU Competition Law
The article discusses the framework of liability for anti-competitive conduct of a genuinely independent third party as set forth in relevant judgments. It refers to concepts of third party liability in the light of the...
The Regulatory Consumer in EU and National Law? Case Study of the Normative Concept of the Consumer in Hungary and Poland
This paper analyzes the question how EU and national laws implemented and how courts and regulatory authorities apply two opposing regulatory approaches and the corresponding legally defined images of consumers in market...