43It follows, as observed by the Advocate General at points 36 and 37 of her Opinion, that where the issue is whether an undertaking is to be penalised for infringement of competition law on the basis of Article 81 EC in conjunction with Article 23(2) of Regulation No 1/2003, it is also irrelevant whether each individual legal entity comprising the undertaking is itself economically active and therefore individually constitutes an undertaking as defined at paragraph 36 above.
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