Brussels à Jour: A Topsy Turvy World - Children, Watch after your Parents!

The Court of Justice’s Sumal case1 was ranking high on the watch list of private antitrust litigators. And the Court’s judgment certainly lived up to the expectations. You may agree or disagree with the Court, but the notion that subsidiaries can be liable for antitrust violations committed by their parent entity, or possibly other companies of the same corporate group (“top-down liability”) marks a major milestone for private antitrust litigation across the EU. However, Sumal may very well have significant implications also for the Commission’s cartel enforcement and for M&A dealmakers.

In this edition of Brussels à Jour, we explain why the all members of the antitrust community, not just private litigators, should consider what Sumal means for their business and the advice they provide to their (external and internal) clients.

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