Case C-882/19 Sumal SL v. Mercedes Benz Trucks España SL

Since Akzo, it is settled case law of the Court of Justice that, in public enforcement cases, the conduct of a subsidiary may be imputed to the parent company, in particular where, although having a separate legal personality, that subsidiary does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, having regard in particular to the economic, organizational and legal links between those two legal entities. In such a case, the parent company and its subsidiary form a single economic unit and therefore a single undertaking; this enables the Commission to address a decision imposing fines to the parent company without having to establish its direct involvement in the infringement. The Court of Justice also recognized that, under certain conditions, a parent