105In that context, it is also necessary to reject the Commission’s argument that the applicant did not publically distance itself from the content of the meetings of members of the club in order to avoid liability allegedly incurred through its participation in the single and continuous infringement committed by those members. Such a finding would be relevant only if the Commission had discharged the burden of proof on it, which it has not done in the present case (see, to that effect, Joined Cases C-2/01 P and C-3/01 PBAI and Commission v Bayer [2004] ECR I-23, paragraphs 62 and 63).