Das Konzept der gesamtschuldnerischen Verantwortlichkeit von Konzerngesellschaften im europäischen Wettbewerbsrecht

In the past decades, the question of how European competition law should deal with the phenomenon of affiliated companies has not only considerably preoccupied corporations and their legal representatives, competition authorities and antitrust courts, but also and especially jurisprudence. The present work deals with the question of so-called “corporate liability” in European competition law.
Based on the practice of EU institutions, the author develops a concept of joint and several responsibility of group companies which does not focus on economic unity, but on the individual group companies, which justifies their respective responsibilities, and calls for imposing individually determined fines.
The proposed concept is consistent with the fundamental principles of the rule of law and the essential principles of European corporate law without forfeiting its deterrent character.