UPC CFI, CD Paris, 26 january 2026: Parent and subsidiary companies are not automatically “same parties”
12-05-2026 Print this page
Panel review confirms dismissal of Preliminary objection (R. 19 RoP, R. 333 RoP).
Parent and subsidiary companies are not automatically “same parties” (Article 33(4) UPCA): depends on having the same or independent business activities. The assessment of the unity of the undertaking in the context of an antitrust action is subject to different requirements and must take other interests into account, meaning that the principles developed there are not transferable.
The risk of conflicting decisions by the Central Division and the Local Division does not constitute grounds for a stay. (R. 295 (m) RoP). R. R. 295(m) RoP must be applied and interpreted in accordance with the right to an effective remedy and to a fair and public hearing within a reasonable time The requirement of effective legal protection demands a prompt decision on the action for annulment as well.
