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Case C-724/17: Judgment of the Court (Second Chamber) of 14 March 2019 (request for a preliminary ruling from the Korkein oikeus — Finland) — Vantaan kaupunki v Skanska Industrial Solutions Oy, NCC Industry Oy, Asfaltmix Oy (Reference for a preliminary ruling — Competition — Article 101 TFEU — Compensation for the damage caused by a cartel prohibited by that article — Determination of the undertakings liable to provide compensation — Succession of legal entities — Concept of ‘undertaking’ — Economic continuity test)
ECLI:EU:UNKNOWN:62017CA0724
62017CA0724
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Valentina R., lawyer
6.5.2019
Official Journal of the European Union
C 155/11
(Case C-724/17) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Competition - Article 101 TFEU - Compensation for the damage caused by a cartel prohibited by that article - Determination of the undertakings liable to provide compensation - Succession of legal entities - Concept of ‘undertaking’ - Economic continuity test)
(2019/C 155/14)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Appellant: Vantaan kaupunki
Respondents: Skanska Industrial Solutions Oy, NCC Industry Oy, Asfaltmix Oy
Operative part of the judgment
Article 101 TFEU must be interpreted as meaning that, in a case such as that in the main proceedings, in which all the shares in the companies which participated in a cartel prohibited by that article were acquired by other companies which have dissolved the former companies and continued their commercial activities, the acquiring companies may be held liable for the damage caused by the cartel in question.
* Language of the case: Finnish.
(1) OJ C 83, 5.3.2018.