41The Court has thus held that where two entities constitute one economic entity, the fact that the entity that committed the infringement still exists does not as such preclude imposing a penalty on the entity to which its economic activities were transferred. In particular, applying penalties in this way is permissible where those entities have been under the control of the same person and have therefore, given the close economic and organisational links between them, carried out, in all material respects, the same commercial instructions (judgments in ETI and Others, EU:C:2007:775, paragraphs 48 and 49 and the case-law cited, and Versalis v Commission, EU:C:2013:386, paragraph 52).
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