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Parental liability & investment firms. A Dutch perspective Jolanda Strijker-Reintjes Fabian Kroon. Flour cartel (1). First time to fine an investment company in NL Not the usual suspect, not 100%, no AKZO Attribution of liability in 2 phases (2 separate decisions). Flour cartel (1).
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Parental liability & investment firms A Dutch perspective Jolanda Strijker-Reintjes Fabian Kroon
Flour cartel (1) First time to fine an investment company in NL Not the usual suspect, not 100%, no AKZO Attribution of liability in 2 phases (2 separate decisions)
Flour cartel (1) Only parental liability within portfolio company 2010 Liability attributed to X en Y Investment firm Y Investment firm X Decision 1 Decision 2 Durationcartel Durationcartel 2014 Portfolio company Portfolio company Appeal to ‘equal treatment’
Why address investment firms? No general legal reason to exempt investment firms from parental liability Principle of equal treatment = another reason to not exempt investment firms Decisive influence on the business comes with responsibility Investment firm ≠ pure financial investor