THE CONCEPT OF UNDERTAKING IN THE EUROPEAN UNION COMPETITION LAW
One of the most important concepts that the European Union Competition Law uses is the undertaking. In order to correctly apply the rules under this domain, it is necessary to fully understand when an entity is or isn`t an undertaking under competition law. Therefore, the main purpose of the follo...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_038.pdf |
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| Summary: | One of the most important concepts that the European Union Competition Law uses is the undertaking. In order to
correctly apply the rules under this domain, it is necessary to fully understand when an entity is or isn`t an undertaking under
competition law. Therefore, the main purpose of the following paper is to facilitate the understanding of the concept of
undertakings so as to delimit the area of competition law from others. In the following, we will identify the alternative
definitions offered in time by the Court of Justice of the European Union in this matter, but also by doctrine and we will have
a short glance over the national courts of the member states' practice. Our analyze will take into consideration also those cases
which remain under discussion, such as, but not just that, when can a part of an undertaking that is a subject of a transaction
be considered a merger under the European Commission Merger Regulation or how can a natural person represent an
undertaking under the European Union competition law. In conclusion, undertakings, parts of undertakings or associations of
undertakings, mainly in the light of EU competition law, are the concepts we will be dealing with in the following paper. |
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| ISSN: | 2068-7796 2068-7796 |