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Parental liability & investment firms

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

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  1. Parental liability & investment firms A Dutch perspective Jolanda Strijker-Reintjes Fabian Kroon

  2. 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)

  3. 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’

  4. Flour cartel (2)

  5. 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

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