Judgment_paragraph 50 · 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)

50In this case, as found by the General Court in paragraphs 134 to 147 of the judgment under appeal, it is clear from the contested decision and was confirmed by the Commission, in the procedure at first instance, that the Commission had decided, in order to assess whether the parent companies actually exercised decisive influence over the subsidiaries, to hold the parent companies liable only where there was evidence to support the presumption of actual exercise by the parent companies of decisive influence which arises from the control by the parent companies of the entire share capital of the subsidiaries (the ‘dual basis’ method) and, accordingly, had waived reliance on the application solely of the presumption of decisive influence.