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Undertakings
Entities engaged in 'economic activity'
No definition in Article 101 as to what an 'undertaking' is
Relevant market
Particular legal term. The wider the definition, the smaller the market share will be held by an individual company in said market.
Appreciability
De minimis
Hofner & Elser v Macrotron
'The concept of an undertaking encompasses every entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed.'
Applies to non-profit organisations e.g. charities
Re Unitel
Opera singers were deemed undertakings
Reuter
Individuals were deemed to be undertakings
Fenin v Commission
Public authorities were not undertakings when acting for social purposes but were when acting for commercial purposes.
VihoEurope BV v Commission
Internal agreements between parent and subsidiary companies are not relevant but the parent company may be liable for the actions of a subsidiary company that are deemed anti-competitive.
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