373 With regard to the circumstances in which a legal person who is not responsible for the infringement may, nevertheless, be subject to penalties, it is also established case-law that the conduct of a subsidiary may be imputed to the parent company in particular where, although having a separate legal personality, the 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, organisational and legal links between those two legal entities (judgments in Akzo Nobel and Others v Commission, cited in paragraph 372 above, EU:C:2009:536, paragraph 58; Elf Aquitaine v Commission, cited in paragraph 372 above, EU:C:2011:620, paragraph 54, and Commission v Stichting Administratiekantoor Portielje and Gosselin Group, cited in paragraph 372 above, EU:C:2013:514, paragraph 38).
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