46Therefore, the possibility for the victim of an anticompetitive practice of invoking, in the context of an action for damages, the liability of a subsidiary company rather than that of the parent company cannot automatically be available against every subsidiary of a parent company targeted in a decision of the Commission punishing conduct that amounts to an infringement. As the Advocate General observes, in essence, in point 58 of his Opinion, the concept of an ‘undertaking’ used in Article 101 TFEU is a functional concept, in that the economic unit of which it is constituted must be identified having regard to the subject matter of the agreement at issue (see, to that effect, judgments of 12 July 1984, Hydrotherm Gerätebau, 170/83, EU:C:1984:271, paragraph 11, and of 26 September 2013, The Dow Chemical Company v Commission, C‑179/12 P, EU:C:2013:605, paragraph 57).
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