40Versalis and Eni’s first ground of appeal concerns the application to Eni of the presumption of decisive influence of parent companies over subsidiaries involved in infringements of the European Union competition rules. As the Court noted in paragraph 46 of the judgment in Eni v Commission (EU:C:2013:289) to which the Commission refers, it is established case-law that the conduct of a subsidiary may be imputed, for the purposes of the application of Article 81 EC, to the parent company particularly where, although having separate legal personality, that subsidiary does not autonomously determine its conduct on the market but essentially applies the instructions given to it by the parent company, having regard in particular to the economic, organisational and legal links which unite those two legal entities. In such a situation, since the parent company and its subsidiary form part of a single economic unit and thus form a single undertaking for the purpose of Article 81 EC, the Commission may address a decision imposing fines to the parent company without being required to establish its individual involvement in the infringement.
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