38With regard to the circumstances in which a legal person who is not responsible for the infringement may, nevertheless, be subject to penalties, it is the Court’s established case-law that the conduct of a subsidiary may be imputed to the parent company in particular where, although having a separate legal personality, the 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 (Akzo Nobel and Others v Commission, paragraph 58 and the case-law cited, and Joined Cases C-628/10 P and C-14/11 P Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others [2012] ECR, paragraph 43).
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