26It follows that, where the Commission has not opened a proceeding for the adoption of a decision under Chapter III of Regulation No 1/2003, where the national competition authority applies provisions of national law prohibiting unilateral conduct of undertakings capable of affecting trade between the Member States within the meaning of Article 82 EC, the second sentence of Article 3(1) of that regulation requires that Article 82 EC also be applied to it in parallel (see, by analogy, as regards Article 81 EC, judgment of 14 February 2012, Toshiba Corporation and Others, C‑17/10, EU:C:2012:72, paragraphs 77 and 78).
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