Die Unternehmensverantwortlichkeit im europäischen und deutschen Kartellrecht

In line with the case law of the European Union Courts, the European Commission assumes corporate liability in antitrust law across legal entities and imposes fines not only on the infringing company, but also on its parent or sister companies. The author analyses the development and the prerequisites of this corporate responsibility and shows the effects on German antitrust law. Based on the fundamental freedom of organisation of companies, the author examines whether this accountability violates guarantees of the rule of law or the principle of separation under corporate law, and whether this is justified in order to protect competition.