European Competition Law Complete Summary

University of Amsterdam

EUROPEAN COMPETITION LAW
INTERNATIONAL AND EUROPEAN LAW: COMPETITION LAW TRACK

Jessica F. Qiu | 2024-2025

, 1. INTRODUCTION TO EU COMPETITION LAW


1.1. Main norms of competition law




+ State aid law prohibition when it restricts competition [Art 107 TFEU]

1.2. Undertaking
●​ Relevance: why is notion of undertaking important?
1.​ Subjective scope of application of competition rules
→ undertakings as the only addressees, if not undertaking, no competition law
[cases: state questioned as undertaking or not]
2.​ Assigning responsibility and liability: undertaking liable
[cases: group of companies, single economic entity questions]
3.​ Separation of EU competition law to other areas of law: free movement and internal
market law for situations where there is no undertaking but restriction of competition
●​ Definition:
→ Casuistic and functional approach, flexible definition (>< formalistic and structural approach)
○​ Hofner and Elser: undertaking = entity engaged in economic activity regardless of
legal status of the entity
○​ Lithuanian Chamber of Notaries: economic activity = offering goods or services on a
given market BUT prerogatives of public authority do not have economic character

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, a)​ Offering goods or services on a given market factual
b)​ No need of profit motive or economic purpose
c)​ Sport also economic activity
d)​ Regardless of legal status of the entity and the way it is financed


●​ Not undertakings:
○​ Non-economic activities:
a)​ Solidarity (social protection such as social security, pensions, health
insurance, health care) → depends whether market or solidarity context
➢​ Poucet: not an undertaking because benefits the same for all and
depending on their income
➢​ Federation francaise: undertaking because benefits depending on
contributions → competition with other life assurance companies
➢​ Albany international: pension fund as undertaking
b)​ Activities connected with the exercise of the powers of a public authority that
are not economic [Wouters]
c)​ Procurement that is ancillary to a non-economic activity [FENIN: when
activity cannot be dissociated with purpose of solidarity]
○​ Non-economic professions:
a)​ Employees: part of the undertaking that employ them so forming economic
unit with them → cannot be considered as undertakings unless carrying
independent business
b)​ Trade unions: not an undertaking when acting as an agent of its members and
carrying out only the agreements made → BUT undertaking when acting in
its own right
c)​ Collective labour relations: not when out of solidarity [Albany]
d)​ Collective agreements of self-employed persons: not when imbalance in
bargaining power → false self-employed [FNV Kunsten]
●​ Single economic activity doctrine: not applicable to agreements that form a single economic
activity (i.e.: parent and subsidiary company, principal and agent)
⚠️ parent company can be held liable for subsidiary violations of competition law
⇒ when relationship too close forming single economic unit [Sumal, Aksel Nobel]
○​ Test of decisive influence: whether parent company can and does in fact exercise
decisive influence over the other (CJEU allowing this a lot, if can influence anything, then liable)
>< unable to influence any relevant behaviour
-​ Parent and wholly owned subsidiaries: if 100% shareholding, then decisive
influence

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, -​ Majority shareholders: not about majority or not presumption
-​ Minority shareholders: can also have decisive influence
-​ Parents of a joint venture: autonomy of a full joint-venture does not prevent
parent company from exercising decisive influence
→ undertakings unable to rebut this presumption unless actual legal arrangement




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