8 Questions
What does the concept of an undertaking refer to in competition law?
Entities engaged in economic activity
According to the text, what is the functional character of the concept of an undertaking?
It encompasses entities engaged in economic activity
How is 'undertaking' defined in competition law?
Inclusive of all economic activities regardless of entity's status or financing
What is considered as economic activity according to the text?
Offering goods or services on a given market
According to the text, what does the concept of an 'undertaking' encompass in competition law?
Entities engaged in economic activity, regardless of legal status and financing
What is the functional character of the concept of an 'undertaking' as per the text?
Encompasses every entity engaged in an economic activity
What is the key characteristic of economic activity according to the text?
Offering goods or services on any market
In which case was the notion of an undertaking defined as encompassing every entity engaged in an economic activity?
C-41/90, Höfner & Elser v. Macrotron GmbH
Study Notes
Concept of an Undertaking in Competition Law
- The concept of an undertaking refers to an entity that engages in economic activity.
Definition of an Undertaking
- An undertaking is defined as every entity engaged in an economic activity, regardless of its legal status or the way it is financed.
Functional Character of an Undertaking
- The functional character of an undertaking is economic, meaning its primary goal is to offer goods or services on a market.
Characteristics of Economic Activity
- Economic activity is characterized as any activity that consists of offering goods or services on a market.
Notion of an Undertaking
- The notion of an undertaking encompasses every entity engaged in an economic activity, as defined in the Höfner and Elser case.
Key Takeaway
- The concept of an undertaking is central to competition law, encompassing all entities engaged in economic activities that offer goods or services on a market.
Test your understanding of the concept of an undertaking in competition law with this quiz. Explore the functional character of the concept and its own definition in competition law, encompassing every entity engaged in economic activity regardless of legal status or financing.
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