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Recognizing that inclusion of 'groups' or 'concerns' in the
assessment of antitrust enforcement is essential to prevent
undertakings from circumventing the Treaty's antitrust provisions,
the author of this in-depth analysis critically evaluates relevant
ECJ cases and Commission pronouncements in order to determine
whether current practice under the single economic entity doctrine
amounts to an appropriate and effective enforcement of this
increasingly significant aspect of European competition law. Among
the issues and topics analysed are the following: the group or
concern privilege under Article 101 (1) TFEU; the application of
the single economic entity concept for the attribution of
liability; the burden of proving 'decisive influence'; the parent
company's rights of defence; corporate reorganizations; 'piercing
the corporate veil'; control versus dominance; the requisite degree
of control; potential versus actual control; the standards of legal
separation and organizational autonomy; the existence of a common
commercial strategy or financial dependence; and the extension of
jurisdiction in antitrust matters. In a framework of analysis drawn
up in the final chapter, policy considerations are presented that
not only reflect accurately the underlying purpose of the single
economic entity doctrine, but also show ways to incorporate the
global component in effective enforcement of European competition
law. Bringing at last a great measure of legal certainty to the
'parent-subsidiary-liability debate' in European competition law,
this book will be welcomed by practitioners, policymakers, and
academics concerned with theory and practice in the field.
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