Punishing Parents for the Sins of their Child: Extending EU Competition Liability in Groups and to Sub-Contractors

The current state of EU law is that parent company liability for its subsidiaries’ competition infringements rests on the degree of control that the parent can exercise over the subsidiary. A related antitrust problem when a sub-contractor engages in anticompetitive activity which benefits the contractor. Again, EU jurisprudence looks at the control which the contractor can exercise. This current state of law is unsatisfactory.