Commission, European

Undertaking (notion)

Institution Definition

For the purpose of EU antitrust law, any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed, is considered an undertaking. To qualify, no intention to earn profits is required, nor are public bodies by definition excluded. The rules governing concentrations speak of "undertakings concerned", that is the direct participants in a merger or in the acquisition of control. © European Commission

See Commission Notice on the concept of undertakings concerned under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings

Articles

Stéphane Rodrigues Mélanges en l’honneur du professeur Bernard Teyssié, Jean-François CESARO and Arnaud MARTINON (dir.)

February 2020

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Francisco Costa Cabral The Interaction Between Competition Law and Corporate Governance. Opening the ‘Black Box’, Florence THÉPOT

November 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Aymeric de Moncuit, Valérie Noël Admissibility of appeals lodged by competitors after the Montessori judgment – La possibilité d’une île

November 2019

Any person who wishes to challenge a Commission decision authorising the granting of aid to a competitor must be directly and individually concerned by such aid, in accordance with Article 263(4) TFEU. According to the case law, this is particularly the case if the market position of this (...)

Stéphane Rodrigues L’alternative du commun. Les colloques de Cerisy, Christian LAVAL, Pierre SAUVÊTRE and Ferhat TAYLAN (dir.)

May 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues L’Europe au présent ! Liber amicorum Melchior Wathelet

February 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Kalyani Singh, Karan Singh Chandhiok, Sarthak Pande India: Cartel enforcement – The past, the present and the future

May 2018

This article provides a primer on the latest trends and developments dealing with cartel enforcement and regulation in India. The article will cover the legislative provision in India regulating cartels, case law developments and future trends based on the current enforcement trends. I. (...)

Laurence Idot Stop the creeping re-nationalisation of the anti-competitive practices!

September 2017

By importing all the defects of Title IV on the law of restrictive practices into the Title II of Book IV of the French Commercial Code, the legislator infringes the coherence of the law of anticompetitive practices. Although it is necessary to oversee certain sectors, it is not in Title II of (...)

Sylvaine Poillot-Peruzzetto Competition law and corporate social responsability

May 2017

The evolution of corporate social responsability (Responsabilité Sociétale des entreprises - RSE) raises the essential question of its relation to competition law. In any case, the coexistence of these new transerval legal frameworks illustrates an important convergence. However if RSE law could (...)

Laurent Cytermann, Marie-Anne Frison-Roche Economy of platforms: Regulating a dominant model? (Paris, 23 October 2014)

May 2015

In the first contribution, Mrs. Frison-Roche considers that, as it is difficult to regulate a «two-sided market», the idea is to regulate directly the company whose power stems from its position in such a market structure. It seems simpler and therefore tempting to elevate the concept of (...)

Laurence Idot Introductory remarks: Is the distinction between public and private law relevant in competition law? (Dimensions of public sphere in competition law, Caen, 3 October 2014)

January 2015

The distinction between public law and private law is overestimated in France. In this presentation made to introduce a colloquium on the public aspects of competition law, the author argues that the distinction has no real use in competition law. 1. This theme, which may seem somewhat (...)

Anne-Sophie Choné-Grimaldi, Aurélie Tardieu, Benoît Delaunay, Grégory Godiveau The reconfiguration of relations between the public and the private sphere (Dimensions of public sphere in competition law, Caen, 3 October 2014)

January 2015

The second session allows studying the functions of the undertaking in the relationships between the legal systems in competition matter. It appears that it plays a role of interface in the relations between the European Union and its Member States both in antitrust law (Pr. Chone-Grimaldi, Mr. (...)

David G. Feher USA: A structural overview of competition law as applied to U.S. major league team sports

May 2014

The business of major league team sports in the United States was once viewed as something different under competition law, with much deference afforded the "sporting" world. However, these industries have become multi-billion dollar enterprises with broad economic impacts. The application of (...)

Laurence Idot Social enterprises and competition law

February 2013

The so-called Social Economy, including cooperatives, mutual societies, non-profit associations, foundations and social enterprises, provides a wide range of products and services across Europe and generates millions of jobs. In France, it represents 10 % of GDP. It is sometimes presented as a (...)

Laurence Idot The concept of undertaking in competition law

December 2004

This paper was presented at the University of Nice in the framework of a colloquium in the honor of Professor A. Pirovano. It studies the different uses of the concept of “undertaking” or “entrerpirse” in the different components of EU competition law with references to French law. 1. While the (...)

Caroline Si Bouazza Les fédérations d’entreprises et les règles de concurrence

May 2010

Business federations are increasingly confronted with the application of competition law. They are the ideal place for competitors to meet and are now under the close supervision of the competition authorities. This book, which is based on the proceedings of a seminar organised by the FEB and (...)

Agnès Maitrepierre, Alain Ménéménis, Amandine Zelenko, Anne Fort, Carine Soulay, Christian Lambert, Christopher Bellamy QC, David Spector, Denys de Bechillon, Emmanuel Glaser, Eric Ginter, François Tanguy, Guylain Clamour, Jacques Biancarelli, Jacques Derenne, Jean-Christophe Moraud, Jean-Claude Bonichot, Jean-Louis Colson, Jean-Marc Sauvé, Jean-Yves Chérot, Laurent Richer, Marie-Christine Lepetit, Marie-Dominique Hagelsteen, Mario Monti, Philippe Martin, Pierre-François Racine State Aid Colloquium, 14 March 2008

September 2008

TABLE OF CONTENTS OPENING REMARKS Mr Jean-Marc SAUVÉ, Vice-President of the Conseil d’Etat Mr Mario MONTI, Former European Commissioner for Competition, President of the Bocconi University of Milan IS STATE AID CONTROL POLICY A COMPETITION POLICY? Introduction: Mrs Marie-Dominique (...)

Aimée Jeanne Actualité du droit de la concurrence

September 2007

The entry into force of the first Belgian Competition Act in 1993 raised high expectations among practitioners, businesses and consumers. These expectations have so far been disappointed. At first (long), due to a cruel lack of means at the disposal of the Competition Council created by this (...)

Philippe Guibert Mergers in the real estate sector

May 2007

1. The media report on it almost daily: the real estate sector has been experiencing a considerable boom in Europe in recent years. Encouraged by favourable tax regimes and often justified speculative aims, acquisition operations have multiplied, now requiring frequent application of merger (...)

Laetitia Driguez The Boundaries of EC Competition Law - The scope of Article 81 EC

December 2006

This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and (...)

Stéphane Rodrigues Aspects récents du droit de la concurrence

September 2005

The entry into force of the first Belgian Competition Act in 1993 raised high expectations among practitioners, businesses and consumers. These expectations have so far been disappointed. At first (long), due to a cruel lack of means at the disposal of the Competition Council created by this (...)

Events

Mélanie Thill-Tayara, Hugues Parmentier, David Bosco, Mercedes Pedraz Calvo, Marina Tavassi Private Enforcement #4 Imputability, interest in bringing an action and causal link

1 April 2021

4th Webinar of the 6th « Private Enforcement Conference » organised by Concurrences, in partnership with Dechert, with David Bosco (Professor, Aix-Marseille Université), Hugues Parmentier (Policy officer - ECN & private enforcement, DG COMP), Mercedes Pedraz Calvo (Judge, Audiencia Nacional), Marina Tavassi (Former President, Milan Court of Appeal | Professor of IP Law and Competition, University of Pavia) and Mélanie Thill-Tayara (Partner, Dechert).

Küllike Jürimäe, Sylvaine Poillot-Peruzzetto, Ingeborg Simonsson, Anna Vernet, Rafael P. Amaro, Xavier Taton Private Enforcement #1 Useful effect and effectiveness

17 June 2020

1st Webinar of the « 5th Private Enforcement Conference » organised by Concurrences, in partnership with Linklaters, with Rafael Amaro (Professor, University of Caen Normandy), Küllike Jürimäe (Judge, CJEU), Sylvaine Poillot-Peruzzetto (Special counsellor, Cour de cassation), Ingeborg Simonsson (Judge, Patent and Market Court, Stockholm), Xavier Taton (Dispute Resolution Partner, Linklaters) and Anna Vernet (Head of Unit - ECN and private enforcement, DG COMP).

Aymeric Discours, Laurent Eymard, Peter Roth, Julie Klein Private Enforcement #4 Overview of recent national case law in the European Union

22 June 2020

4th Webinar of the « 5th Private Enforcement Conference » organised by Concurrences, in partnership with McDermott Will & Emery and Hexagon Economics, with Aymeric Discours (Partner, McDermott Will & Emery), Laurent Eymard (Founding partner, Hexagon Economics), Julie Klein (Professor, University of Rouen) and Sir Peter Roth (President, Competition Appeal Tribunal).

Edouard Sarrazin, Laurence Idot, Simon Genevaz Restructuring undertakings in difficulty and competition — Merger & State Aid

8 November 2016

Lunchtalk organized by Concurrences Review in partnership with DLA Piper.

Claire Favre, Edouard Sarrazin, Frederick Amiel, Laurence Idot Sanctions on parent companies for their subsidiaries behaviours - Recent developments

16 March 2016

Lunchtalk organized by Concurrences Review in partnership with DLA Piper and Suez environnement.

David Bosco, Emmanuel Reille, Virginie Beaumeunier Sanction for failure to notify a merger

12 May 2015

Antitrust Procedure Workshop organized by Concurrences in partnership with Gide Loyrette Nouel.

Francesco Martucci, Leo Flynn, Michel Debroux The private investor principle in the recent State aid case law

17 March 2015

Workshop organized by Concurrences in partnership with Reed Smith.

Francesco Martucci, Michel Debroux The private investor in State aid Cases

13 February 2015

Leo Flynn
Michel Debroux
Francesco Martucci

Christophe Roquilly, Laurent Geelhand, Marie Leppard, Olivier Lécroart, Patrick Hubert, Philippe Coen Day to day competition law: Which roles for in-house counsels?

3 June 2014

Antitrust Workshop organized by Concurrences in partnership with Clifford Chance and ECLA.

Christophe Roquilly, Laurent Geelhand, Patrick Hubert, Philippe Coen Day to day competition law: which roles for in-house counsels?

14 May 2014

Laurent Geelhand
Christophe Roquilly
Patrick Hubert...

A B C D E F G H I J L M N O P R S T U V

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration • Article 11 letter

B

Barriers to entry • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Horizontal agreement

I

Individual exemption • Intellectual property right • Interim measures • International competition network (ICN) • Investigations / inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Minority shareholdings • Misinformation • Misinformation

N

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

O

Oligopoly

R

Referral (merger) • Refusal to deal • Regulated prices • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Substitutability • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service • Upstream market

V

Vertical agreement • Vertical restraints (or restrictions)