Whether Article 101(1) of the Treaty on the Functioning of the European Union (‘TFEU’) must be interpreted as meaning that the victim of an anticompetitive practice by an undertaking may bring an action for damages, without distinction, either against a parent company which has been punished by the European Commission for that practice in a decision or against a subsidiary of that company which is not referred to in that decision, where those companies together constitute a single economic unit.
Whether Article 101(1) TFEU must be interpreted as meaning that it precludes a national regulation which provides for the possibility of imputing liability for conduct of a company to another company only in circumstances where the second company controls the first.
Where it was established that a parent company and its subsidiary were part of the same economic unit and thus form a single undertaking within the meaning of Article 101 TFEU.
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