Das Verhältnis der Nahezu-100%-Vermutung aus dem EU-Kartellrecht zur Weisungsfreiheit des Vorstands einer Aktiengesellschaft

With the economic unit in European antitrust law, the ECJ has created a way to impute conduct between companies. The culmination of the economic unit represents the almost 100%presumption. In particular due to the extensive interpretation of the economic unit, the question arises as to whether there are cases in which the presumption is not applicable. A possible limit to the presumption could arise from the independence of the board of directors of a stock corporation. The paper examines the dogmatic classification of the presumption and addresses the question whether the independence of the board of directors affects the presumption.