The article discusses the framework of liability for anti-competitive conduct of a genuinely independent third party as set forth in relevant judgments. It refers to concepts of third party liability in the light of the principle of personal responsibility developed by doctrine and jurisprudence. The CJEU has set out important rules relating to liability of an undertaking for actions of its independent service provider. However, it still left some important issues unresolved. The paper focuses on the test for the attribution of anti-competitive conduct of a service provider and refers to its interpretation and application. It questions whether the introduced test provides sufficient legal certainty for undertakings. It briefs on the steps that must be taken by undertakings to distance themselves from an infringement and offers some suggestions how to limit or prevent exposure to liability.
FDI and EU Competition Law - Achieving Legal Certainty When Creating Korean-European Joint Ventures
