In this issue:

Parental Liability

John Clifford, Hayane Dahmen, Nov 12, 2009

Canadian Competition Authority’s Reach for Foreign Affiliates in its Cartel Investigations

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.

David Eggert, Jingbo Hou, Nov 12, 2009

Liability of a Parent for the Antitrust Violations of a Subsidiary Under Asian Antitrust Law

This article summarizes the applicable law on the issue of parental liability for the competition law violations of subsidiaries in three Asian countries—China, Korea, and Japan.

Stephen Kinsella, Anouck Meier, Nov 12, 2009

Why Shareholders Should Not Share the Blame in the EU

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?

Samuel Miller, Ryan Sandrock, Nov 12, 2009

Parental Liability For A Subsidiary’s Antitrust Violations Under U.S. Law

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


Thomas Dillickrath, James Rill, Nov 12, 2009

Type 1 Error and Uncertainty: Holding the Antitrust Enforcement Pendulum Steady

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.