at a point in time when the delegation of the powers to Mr J. had already been effected, another member of the Transcatab board, in this instance Mr S.M., played a significant role in the management of Transcatab’s commercial policy, the fact that they relate to a period preceding the infringement is of no account.
In this respect, it is sufficient to point out that, contrary to Alliance One’s claim, the parties concerned are not required to adduce direct and irrefutable evidence of the independence of the subsidiary’s conduct on the market but only to submit evidence capable of demonstrating that independence (see paragraph 125 above).
199 The fact that, in the present case, for the purposes of rebutting the presumption of liability, Alliance One did not succeed in demonstrating that the subsidiaries of the parent companies, to which it is the legal successor, decided independently upon their conduct on the market does not mean, contrary to Alliance One’s claim, that that presumption cannot under any circumstances be rebutted.
Furthermore, the Court would also point out that, given the nature of the presumption, which makes it possible to infer from a known fact proof of an unknown fact, it is entirely logical that the person against whom the presumption applies should have, in principle, to prove that the fact presumed is incorrect. However, that does not mean that the presumption becomes irrebuttable, since, in the case in point, that proof has to be sought within the sphere of the person against whom the presumption applies.
“in order to ensure that the fine had a sufficiently deterrent effect; that effect would be lacking if the starting amount were to be limited to reflecting solely the market position of those undertakings. The Commission relied, in particular on their respective worldwide turnovers of USD 3.276 billion, USD 1.311 billion and USD 0.896 billion in 2005, in order to take account of the ‘considerable economic and financial strength’ of those groups, in the light of the fact that they also represent the biggest tobacco merchants in the world and operate at different levels of business in the tobacco industry and in different geographic markets”