Kartellbußgeldrückgriff in der wirtschaftlichen Einheit

Due to the functional determination of the concept of “undertaking” in Article 101 et seq. TFEU, which refers to an “economic uit” rather than to specific legal entities, the case-law of the ECJ has predictably led to practical issues in the imposition of sanctions. This work examines how contribution among the legal entities consolidated within the “undertaking,” who are held jointly and severally liable, should be organised. It highlights that the internal distribution of the fine significantly affects the behavioural governance of the parties involved. Therefore, the author advocates limiting the private autonomy to structure internal contribution prior to a cartel infringement by introducing a mandatory minimum liability.