Gesamtschuld und Compliance im Kartellrecht

The infringement of competition laws by a subsidiary can lead to fines being imposed also on the parent company. As an economic unit, both companies are jointly and severally liable. The European concept of joint corporate liability has recently found its way into German competition law. This work examines whether and to what extent compliance measures should be taken into account when allocating the internal liability and develops requirements for the effective implementation of compliance systems at group level. It centers around the thesis that a parent company that has done everything reasonable to prevent violations should be exempted internally from any liability.