96Where the Commission intends to impute an infringement of competition law to a legal person and invoke repeated infringement against it, the statement of objections must contain all the information necessary for that person to defend itself. In particular, if the legal person is a parent company against which the aggravating circumstance of repeated infringement is alleged on account of the anticompetitive conduct established by the Commission on the part of one of its subsidiaries, but for which that parent company was not, prior to that statement, an addressee of a decision finding a first infringement, the statement of objections addressed to that parent company must contain the information demonstrating that the conditions for a finding of repeated infringement are satisfied and, in particular, proving that that legal person formed, at the time of the first infringement, a single undertaking with the company found to have committed the first infringement. In that regard, it is for the Commission to prove that the legal person concerned by the second infringement already exercised, at the time of the first infringement, a decisive influence over the subsidiary involved in the first infringement.
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