Judgment_paragraph 98 · ArcelorMittal Luxembourg SA v European Commission and European Commission v ArcelorMittal Luxembourg SA and Others (C-201/09 P, C-216/09 P)

98In those circumstances, it is sufficient for the Commission to prove that the subsidiary is wholly owned by the parent company in order to avail itself of the presumption that the parent exercises decisive influence over the commercial policy of the subsidiary. The Commission will then be able to regard the parent company as jointly and severally liable for payment of the fine imposed on its subsidiary, unless the parent company, which has the burden of rebutting that presumption, adduces sufficient evidence to show that its subsidiary acts independently on the market (Akzo Nobel and Others v Commission, paragraph 61 and the case-law cited).

ArcelorMittal Luxembourg SA v European Commission and European Commission v ArcelorMittal Luxembourg SA and Others (C-201/09 P, C-216/09 P)

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