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

Wouter Wils Procedural rights and obligations of third parties in antitrust investigations and proceedings by the European Commission

May 2022

This paper provides a systematic overview of the procedural rights and obligations of third parties in investigations and proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU. Third parties are all natural or legal persons, undertakings, and (...)

David Bosco, Niklas Brueggemann, Mercedes Pedraz Calvo, Marion Provost, Mélanie Thill-Tayara, Laurence Idot Private enforcement in Europe after Sumal

February 2022

In 2021, the European Court of Justice handed down an important judgment on private enforcement in Europe. It held that a claimant for damages in a cartel action can sue the subsidiary of the offender. In reaching this conclusion, the Court relied on the concept of undertaking, as developed by (...)

Rafael P. Amaro, Malik Idri, Bastien Thomas Private Enforcement of Antitrust Law in France (Apr. 2021 - Nov. 2021)

February 2022

The last months are marked by two important judgments of the Court of Justice, one on international jurisdiction (Volvo case), the other on the liability of the subsidiary for infringements committed by its parent company (Sumal case). A series of judgments on the conflict of laws in time (...)

Leman Hilal Öztürk, Gönenç Gürkaynak, Hakan Demirkan, Jorge Padilla, Salvatore Piccolo, Joe Perkins, Paul Reynolds, Frédéric de Bure Competition policy in the post-COVID 19 economy: what to do of zombification risks? (New frontiers of antitrust, 10 June 2021)

November 2021

Table of contents: The zombie threat in the post-Covid-19 economy: Competition policy implications, Frédéric de Bure, Partner, Cleary Gottlieb Steen & Hamilton, Paris How can merger control serve de-zombification?, Gönenç Gürkaynak, Founding Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (...)

Alain Alexis Foreign subsidy controls: The new European Commission proposal

November 2021

Responding to the requests from the European Parliament and the European Council, the Commission has proposed an ambitious regulation to control foreign subsidies distorting the internal market. The challenge is to find a balance between the positive effects of foreign investments in Europe, (...)

Thomas Thiede Austria/Germany: Recent developments in private enforcement

November 2021

In the following select points from the Austrian and German legal systems will be presented with relevant case law. In particular, the report will identify and discuss a number of hotly debated topics and the most recent developments, including defendants’ “group liability,” collective redress, (...)

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 (...)

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 • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

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

c

Cartel • Civil fine • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Contract • 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 • EFTA Surveillance Authority (ESA) & Court • Environmental protection • Essential facility • European Competition Network (ECN) • Excessive 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) • Form CO • Franchising • FRAND • Free riding

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement

i

Imputability • Independence and impartiality • Individual exemption • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

l

Legal privilege • Leniency • Lerner index • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation

n

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

o

Oligopoly

r

Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Restriction on exportation • 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

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

u

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

v

Vertical agreement • Vertical restraints (or restrictions)