Abstract

The paper analyzes the principle of group liability for cartel infringements in the European Union and Us systems, with particular attention to case law. The notion of «single economic entity», which, on the one hand, provides a defense for corporate entities to avoid competition law scrutiny and, on the other, emboldens competition authorities to impute fines to parent company for the antitrust infringements committed by subsidiaries, is a key concept in both legal orders. Due to the absence of a specific regulatory framework, the subject matter is characterized by a number of outstanding questions, such as the application of wholly owned presumption, the standard of proof and the conception of corporate control. The article suggests the need for a specific set of rules laying down some parameters to address the problems arise in the context above.