Die gesamtschuldnerische Bußgeldhaftung für Kartellverstöße innerhalb eines Konzerns

The thesis analyses the joint and several liability of parent and subsidiary companies with respect to infringements of EU competition law. The European Commission in enforcing EU cartel laws can and frequently does impute the illegal conduct of a subsidiary to its parent company and imposes joint cartel fines against both. The prevailing legal analysis regarding piercing this corporate veil is also reviewed under principles of due process of law. Furthermore, relevant German and European judicial decisions from appellate courts concerning the subsequent recourse between the parent and its subsidiary are examined. This recourse is of particular significance for enterprises with respect to successor in interest considerations. Finally, the divergent judicial opinions concerning such recourse and the internal criteria for allocating liability between the parties are discussed.