Legal Updates

Purchase of a company in liquidation does protect from exposure due to past antitrust offences

September 18, 2016
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In liquidation proceeding of a company all its shares and activity were purchased with the approval of the Court. Several months later the Antitrust Authority held a hearing to the new owner for antitrust offences suspected to have been conducted 5 years prior to the liquidation proceedings and the purchase of the company within them.

The Court held that a company purchased within liquidation proceedings is purchased free and clear of any debt to third parties but this does not nullify offences committed in the past. The authorities may theoretically open proceedings or cancel permits of the company, due to actions made prior to the liquidation. However, the authorities should consider the fact that in fact it is not the same company and the application of the discretion of the authorities is subject to appeal to the High Court of Justice.