Gruppi e responsabilità solidale delle società partecipanti alla scissione per sanzioni e altre passività derivanti da illeciti antitrust

Group liabilities for antitrust sanctions raise very questions in identifying the participants among which such liabilities arising therefrom must be distributed, for the purposes of indemnity or recourse actions. Troubles increase Complications arise if mergers or demergers are involved in the matter. This ruling of the Court of Milan addresses all the relevant issues with regard to groups of companies and demergers, focusing in particular on the definition of the cases in which the fate of the elements of the liabilities is not "well defined" in the demerger project, as well as on the coordination with the provisions of the Civil Code dealing with the transfers of going concerns.