This article discusses the European Court of Justice's (ECJ) March 14, 2019 ruling (file no. C-724/17) on antitrust liability in M&A transactions. In a case involving whether an acquirer is liable under civil law for antitrust damages if a company participating in a cartel was acquired, the business operations of the target company were transferred in the acquisition and the target company was liquidated, the ECI affirmed the acquirer's liability via a reference to the concept of "economic continuity."
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Originally published in Deutscher AnwaltSpiegel, 18/2019, page 3
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