51Consequently, in circumstances where the existence of an infringement of Article 101(1) TFEU has been established as regards the parent company, it is possible for the victim of that infringement to seek to invoke the civil liability of a subsidiary of that parent company rather than that of the parent company, in accordance with the case-law cited in paragraph 42 of this judgment. The liability of that subsidiary cannot however be invoked unless victim proves – whether by relying on a decision adopted earlier by the Commission under Article 101 TFEU or by any other means, in particular where the Commission has remained silent on the point in that decision or has not yet been called upon to adopt a decision – that, having regard, first, to the economic, organisational and legal links referred to in paragraphs 43 and 47 of the present judgment and, second, to the existence of a specific link between the economic activity of that subsidiary and the subject matter of the infringement for which the parent company was held to be responsible, that subsidiary, together with its parent company, constituted an economic unit.
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