Judgment_paragraph 43 · Alliance One International Inc., formerly Standard Commercial Corp., and Standard Commercial Tobacco Co. Inc. v European Commission and European Commission v Alliance One International Inc. and Others (C-628/10 P, C-14/11 P)

43Specifically, the conduct of a subsidiary may be imputed to the parent company in particular where, although having a separate legal personality, that subsidiary does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, having regard in particular to the economic, organisational and legal links between those two legal entities (Case C-97/08 P Akzo Nobel and Others v Commission [2009] ECR I-8237, paragraph 58; Elf Aquitaine v Commission, paragraph 54, and Case C-520/09 P Arkema v Commission [2011] ECR I-8901, paragraph 38).