Op-Ed: “Sumal (C-882/19): Skanska 2.0 – descending and lateral liability in the economic unit”, by Miguel Sousa Ferro
Yesterday, barely 2 years since the Skanska judgment (C-724/17), AG Pitruzzella has read his Opinion on the Sumal case (C-882/19). In another referral from the trucks cartel (1 of 6) (fn 1), the CJEU is being asked whether the principle of liability of the economic unit for infringements of Articles 101 and 102 TFEU means that there is also descending liability. May a subsidiary be held liable for damage caused by the infringement of its parent company? The same principles will apply to lateral liability within the economic unit.
This issue has already come before national courts and was answered in diametrically opposing ways, namely in Spain and in the Netherlands.
From Skanska, we already knew that:Determining who