Moderbolagets ansvar för dotterbolagets synder - Principen om en enda ekonomisk enhet och ansvar inom koncerner enligt EU:s konkurrensrättsliga regler

Sammanfattning

Article 101 of the Treaty on the Functioning of the European Union (TFEU) applies to undertakings and prohibits undertakings to enter into an agreement that could potentially affect the competition on the market. The competition on the market in the European Union (EU) is an objective that the EU aims to maintain and protect. This is mainly to maintain a market that is fair for the customers but also for the society to have a market where innovation and economic functions effectively. The word undertakings is not mentioned further in the treaty but is rather developed and explained in cases both from the European Court of Justice (ECJ) and the general court, which has then further evolved in the legal doctrine. The concept in the article is challenging to explain, since it could apply to both legal and natural persons. It becomes even more complicated when several legal entities are part of the same group, are the actors undertakings under article 101 TFEU? Because of the functional approach on the concept all actors can be considered as an undertaking under the article, which could potentially raise questions of liability. According to EU case law, the parent company of the entity has strict liability even though the parent company has not committed the acts. This thesis aims to examine the concept of undertaking under Article 101 and the principle of single economic unit and what consequences this may entail. This will be examined with the help of EU case law and legal doctrine from experts.