Judgment_paragraph 95 · Toshiba Corp. v European Commission (T-104/13)

95It should also be noted that, in order to be able to impute the conduct of a subsidiary to the parent company, the Commission cannot merely find that the parent company is in a position to exercise decisive influence over the conduct of its subsidiary, but must also establish whether that influence was actually exercised (EI du Pont de Nemours v Commission, cited in paragraph 93 above, paragraph 44; see Case T-541/08 Sasol and Others v Commission [2014] ECR, paragraph 43; and Case T-543/08 RWE and RWE Dea v Commission [2014] ECR, paragraph 101 and the case-law cited). It is, in principle, for the Commission to demonstrate such decisive influence on the basis of factual evidence (see Case T-314/01 Avebe v Commission [2006] ECR II-3085, paragraph 136 and the case-law cited).