Private equity firms on notice after Goldman fined

A €37m EU fine on Goldman Sachs could lead other groups to change their structures in order to reduce the risk of financial penalties.

A €37m EU fine on Goldman Sachs could make others change their structures reduce financial penalty risk. James Steidl

Goldman Sachs was given the fine because of its ownership of the Italian cable maker Prysmian which was found to be guilty of price-fixing in the subsea power cable sector. Goldman Sachs is also liable for the fine as the EU antitrust division found that it had had a decisive influence on Prysmian for over three years. 

Contract language

Jay Modrall, a partner in Norton Rose Fulbright, said: ‘The issue of parent company liability has received a lot of attention in the private equity community. Private equity firms tend to think of their funds and investments as silos, rather than as part of a single group…. The implications of the commission’s practice of imposing fines based on group-wide liability goes beyond the financial exposure. Private equity firms may want to look at their standard M&A contract language to see how this exposure is addressed.’ Source: Financial Times

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