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8 Cards in this Set

  • Front
  • Back

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.