In this issue:
In general, Canadian courts and the Competition Bureau will not pierce the corporate veil to impose liability or find guilty foreign parents for the anticompetitive practices of their Canadian affiliates in the absence of evidence that the parent was also a cartel participant.
This article summarizes the applicable law on the issue of parental liability for the competition law violations of subsidiaries in three Asian countriesâ€”China, Korea, and Japan.
Should an independent shareholder which is not itself a party to an antitrust infringement be held liable for the misconduct of a company it jointly owns?
A frequently-arising issue in both civil and criminal antitrust cases in the United States is whether a parent company can be held liable for the antitrust violations of a subsidiary or other related company.
Of Special Interest
In this paper, we examine the literature surrounding the debate and suggest that the harm resulting from Type 1 error more likely and more often exceeds that stemming from Type 2 error.