Competition

The case law of the Court of Justice of the European Union established that, in order to rebut the presumption that a parent company which owned 100% of the capital of its subsidiary in fact exercised a decisive influence over that subsidiary, as interpreted by the Commission, it was for the parent company to put before the Commission and, where relevant, the Courts of the European Union, any evidence relating to the organisational, economic and legal links between its subsidiary and itself which was apt to demonstrate that they did not constitute a single economic entity. It was, therefore, a rebuttable presumption which it was for the applicants to rebut. It followed from the case-law, moreover, that a presumption, even where it was difficult to rebut, remained within acceptable limits so long as it was proportionate to the legitimate aim pursued, it was possible to adduce evidence to the contrary and the rights of the defence were safeguarded.

Where an infringement had