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The Concept of Undertaking in EU Competition Law

Sabally, Fatou K LU (2024) HARN63 20241
Department of Business Law
Abstract
The concept of “undertaking” is a vital component of European Union Competition
Law. Understanding when an entity is or isn't considered an undertaking is crucial
to correctly applying the rules under this domain. The purpose of this paper is to
clarify the concept of undertakings to delimit the area of competition law from
others.
The paper will explore the different definitions of “undertaking” given by the Court
of Justice of the European Union, as well as by doctrine and national courts of
member states. The concept of the undertaking is fundamental to the enforcement
and application of antitrust rules within the European Union. This study aims to
provide a comprehensive understanding of the concept of undertaking and... (More)
The concept of “undertaking” is a vital component of European Union Competition
Law. Understanding when an entity is or isn't considered an undertaking is crucial
to correctly applying the rules under this domain. The purpose of this paper is to
clarify the concept of undertakings to delimit the area of competition law from
others.
The paper will explore the different definitions of “undertaking” given by the Court
of Justice of the European Union, as well as by doctrine and national courts of
member states. The concept of the undertaking is fundamental to the enforcement
and application of antitrust rules within the European Union. This study aims to
provide a comprehensive understanding of the concept of undertaking and its
significance in ensuring competitive markets and safeguarding consumer welfare.
The research begins by examining the legal framework surrounding the concept of
the undertaking, tracing its evolution from foundational treaties such as the Treaty
on the Functioning of the European Union (TFEU) to subsequent legislation and case
law. It analyzes key principles and criteria used to determine the existence of an
undertaking, including the notion of economic activity, control, and functional unity. (Less)
Popular Abstract
The concept of “undertaking” is a vital component of European Union Competition
Law. Understanding when an entity is or isn't considered an undertaking is crucial
to correctly applying the rules under this domain. The purpose of this paper is to
clarify the concept of undertakings to delimit the area of competition law from
others.
The paper will explore the different definitions of “undertaking” given by the Court
of Justice of the European Union, as well as by doctrine and national courts of
member states. The concept of the undertaking is fundamental to the enforcement
and application of antitrust rules within the European Union. This study aims to
provide a comprehensive understanding of the concept of undertaking and... (More)
The concept of “undertaking” is a vital component of European Union Competition
Law. Understanding when an entity is or isn't considered an undertaking is crucial
to correctly applying the rules under this domain. The purpose of this paper is to
clarify the concept of undertakings to delimit the area of competition law from
others.
The paper will explore the different definitions of “undertaking” given by the Court
of Justice of the European Union, as well as by doctrine and national courts of
member states. The concept of the undertaking is fundamental to the enforcement
and application of antitrust rules within the European Union. This study aims to
provide a comprehensive understanding of the concept of undertaking and its
significance in ensuring competitive markets and safeguarding consumer welfare.
The research begins by examining the legal framework surrounding the concept of
the undertaking, tracing its evolution from foundational treaties such as the Treaty
on the Functioning of the European Union (TFEU) to subsequent legislation and case
law. It analyzes key principles and criteria used to determine the existence of an
undertaking, including the notion of economic activity, control, and functional unity. (Less)
Please use this url to cite or link to this publication:
author
Sabally, Fatou K LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
EU Competition Law, Undertaking, Economic Activity, Non-Economic Activity, Article 101 and 102 of TFEU.
language
English
id
9160923
date added to LUP
2024-06-11 09:13:17
date last changed
2024-06-11 09:13:17
@misc{9160923,
  abstract     = {{The concept of “undertaking” is a vital component of European Union Competition 
Law. Understanding when an entity is or isn't considered an undertaking is crucial 
to correctly applying the rules under this domain. The purpose of this paper is to 
clarify the concept of undertakings to delimit the area of competition law from 
others. 
The paper will explore the different definitions of “undertaking” given by the Court 
of Justice of the European Union, as well as by doctrine and national courts of 
member states. The concept of the undertaking is fundamental to the enforcement 
and application of antitrust rules within the European Union. This study aims to 
provide a comprehensive understanding of the concept of undertaking and its 
significance in ensuring competitive markets and safeguarding consumer welfare.
The research begins by examining the legal framework surrounding the concept of 
the undertaking, tracing its evolution from foundational treaties such as the Treaty 
on the Functioning of the European Union (TFEU) to subsequent legislation and case 
law. It analyzes key principles and criteria used to determine the existence of an 
undertaking, including the notion of economic activity, control, and functional unity.}},
  author       = {{Sabally, Fatou K}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Concept of Undertaking in EU Competition Law}},
  year         = {{2024}},
}