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United Kingdom
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Subsidiary definition

What does Subsidiary mean? In legal practice, a subsidiary is a company controlled by another company (its holding company), usually through voting power or the ability to appoint a majority of directors. The term is used in corporate and finance documents to delineate group companies, guarantees, covenants and reporting obligations. In the UK, Companies Act 2006, section 1159, defines subsidiary. A company is a subsidiary if another company: holds a majority of its voting rights; or, being a member, can appoint or remove a majority of its directors; or, being a member, controls a majority of its voting rights by agreement. Two of these tests...

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EU competition: CJEU upholds Commission in Bananas cartel—Del Monte appeal fails; only spontaneous cooperation merits leniency credit; joint fine with Weichert set at €9.8m

Practice notes
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CASE HUB (date of judgment—24/06/2015)

See further: timeline, commentary and related/relevant cases

ARCHIVED — this archived case hub captures the position as at the decision date of 24 June 2015; it is not being updated

Case facts Outline

Del Monte lodged appeals against the General Court’s ruling which, in essence, confirmed the Commission’s decision of 15 October 2008 finding an infringement and levying a €14.7m fine on Del Monte, jointly and severally with Weichert, for allegedly taking part in a cartel concerning supplies of fresh bananas to the northern European region (‘Bananas cartel’). The General Court nonetheless cut Del Monte’s individual penalty owing to purported errors in the fine calculation and for affording too little credit to Weichert’s cooperation during the administrative phase. That adjustment to Del Monte/Weichert’s individual fine formed the basis of the Commission’s own appeal to the Court of Justice. On 24 June 2015, the Court of Justice dismissed Del Monte’s appeal in full. By contrast, it allowed the Commission’s appeal and accordingly fixed the fine imposed jointly and severally on Weichert and Del Monte at €9.8m...

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