66In so deciding, the General Court erred in law. It is clear from the Court’s settled case-law cited at paragraph 60 above that, in order to establish whether the author of the infringement decides independently upon its conduct on the market, it is necessary for account to be taken of all the relevant factors relating to the economic, organisational and legal links which tie that author to its holding entity and, therefore, of economic reality. The mere fact that the holding entity did not adopt any management decision in a manner consistent with the formal requirements of company law will not therefore suffice for that purpose.
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