CULPABILIDAD Y RESPONSABILIDAD PERSONAL EN LAS SANCIONES ADMINISTRATIVAS EN MATERIA DE DEFENSA DE LA COMPETENCIA EN EL DERECHO EUROPEO Y ESPAÑOL

Abstract

The imposition of administrative sanctions for breach of competition law must
respect the principles of personal responsibility and culpability. In this sense, it is
required that the action has been autonomously decided by the company. For the
same reason, the principle of legitimate expectations can exclude liability. The direct
responsibility of the companies is complemented by the responsibility of the
managers. Spanish legislation affirms the principle of joint and several liability
in cases of multiple authorship. Breaches of competition law by companies forming
part of a group can be attributed to the parent company, unless its subsidiary
acted autonomously. Responsibility is not always extinguished in case of business
and organizational changes and companies succession.