151Last, it must be noted that the applicant’s reference to Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 541 and 542, and Joined Cases 32/78, 36/78 to 82/78 BMW Belgium and Others v Commission [1979] ECR 2435, which, according to the applicant, show that an exclusive distribution relationship in no way indicates that two entities are part of a single undertaking, is irrelevant, since those judgments concern legal issues and have factual backgrounds that differ from those of the present case. Suiker Unie and Others v Commission concerns the applicability of Article 81 EC to agreements concluded between trade representatives and principals. BMW Belgium and Others v Commission concerns direct responsibility in the light of a fine which the Commission imposed on car dealers for having agreed on an export prohibition. In neither of those decisions was the Court required to examine and determine the question whether the conditions for the imputation to one undertaking of an infringement committed by another were satisfied.
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