Article 101 TFEU must be interpreted as meaning that, in a case such as that in the main proceedings, in which all the shares in the companies which participated in a cartel prohibited by that article were acquired by other companies which have dissolved the former companies and continued their commercial activities, the acquiring companies may be held liable for the damage caused by the cartel in question.
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Vantaan kaupunki v. Skanska Industrial Solutions Oy, NCC Industry Oy and Asfaltmix Oy Treaty on the Functioning of the European Union, Art. 101. “Skanska Industrial Solutions and Others”. IIC 50, 914 (2019). https://doi.org/10.1007/s40319-019-00849-2
- Compensation for damage caused by a cartel
- Determination of undertakings liable to provide compensation
- Succession of legal entities
- Concept of ‘undertaking’
- Economic continuity test
- Retroactive effect through interpretation of a rule