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Business Articles Awards > Concerted Practices

Dangerous to know: cartel liability just got wider

Edward Batchelor, Miklos Mudrony, International Law Office, April 06 2017

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The Villeroy & Boch AG judgment confirms that businesses can be liable for cartelising products that they do not even have in their portfolio and in jurisdictions in which they are not active, provided that: l there is an anti-competitive agreement with an overall plan covering multiple products and geographies; l the undertaking participated directly in the execution of some parts of the anti-competitive agreement (eg, with regard to certain products); and l the undertaking was aware of the other parts of the anti-competitive agreement or could have reasonably foreseen those other parts and was prepared to take the risk.

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