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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

participated or acknowledged the antitrust conducts as well. One particular entity that
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is usually mentioned is a parent company and its subsidiary, sister company or sibling.

Entities are considered to be a sibling when they have a common owner and presumed
to form a single economic entity.
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Given the abovementioned considerations, if a single economic entity is deemed
to be the perpetrator of the EU competition law by the interpretation of the principle of

the parental liability, every legal entity is liable for an infringement committed by one
of the constituents in the same economic entity. The interpretation would enable the

Commission not only to impute the liability upward (from a subsidiary to its parent
company) but also from other directions, such as from a parent company to its subsidiary
or from one sister company to another. As a consequence of the Skanska ruling, the
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liability of innocent subsidiaries or sister companies stemming from the single economic
doctrine can be relied on in action for damages in private litigation.
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Furthermore, the liability of an innocent subsidiary for the infringement
committed by its parent company can be considered as a contemporary topic in EU
competition law. For example, it can be reflected on in the case of the anchor defendant

in EU competition private litigation, which can be observed from the English case law.
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In the UK, the jurisdiction of the national courts can be established when there is a

follow-on private damages action, one of the Commission decision addressees is
domiciled in England. In addition, Article 8(1) of the Recast Brussels Regulation
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60
55 Alison Jones, The Boundaries of an Undertaking In EU Competition Law (2012), ECJ Vol. 8 No. 2
56 Okeoghene Odudu and David Bailey, The single economic entity doctrine in EU competition law (2014)
Common Market Law Review, (Kluwer Law International; Kluwer Law International 2014, Volume 51 Issue 6) p.1731
57 Okeoghene Odudu and David Bailey, The single economic entity doctrine in EU competition law, Ibid,
p.1746; Tatiana Siakka, Case Skanska: Transposition of the Concept, supra (n.98), p.480-481;
58 Christian Kersting, , Liability of Sister Companies and Subsidiaries in European Competition Law
(March 19, 2019). (2020) 41 E.C.L.R. 125; Zeitschrift für das gesamte Handelsrecht und Wirtschaftsrecht (ZHR)
182 (2018), 8. Available at SSRN: https://ssrn.com/abstract=3355816 or http://dx.doi.org/10.2139/ssrn.3355816
59 Andrew Leitch Skanska: are jurisdiction challenges now an impossible undertaking Competition Law
Journal (2019) Vol 18 issue 3
60 Ibid, p.100
61 Article 8(1) Regulation1215/2012 on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters (recast) [2012] OJ L 351/1.

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