49Since, in the situation described in the preceding paragraph, the parent company and its subsidiary form a single undertaking, the Commission’s obligation under Article 105(1) TFEU to ensure the application of the principles laid down in Article 101 TFEU, inter alia, when deciding whether or not to impose a fine applies in the same way, whichever of the two companies is concerned, the parent company or its subsidiary. As the Court has held, there is no ‘order of priority’ when the Commission is imposing a fine on one or other of those companies (see, by analogy, Joined Cases C-125/07 P, C-133/07 P, C-135/07 P and C-137/07 P Erste Group Bank and Others v Commission [2009] ECR I-8681, paragraphs 81 and 82).
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