Public Entities as Undertakings under Competition Rules

Authors

  • Martina Repas University of Maribor, Faculty of Law

DOI:

https://doi.org/10.4335/8.3.227-243(2010)

Abstract

This paper deals with undertakings, i.e., entities that are obliged to act in accordance with competition rules. This issue is one of the key elements for the application of competition rules. Its importance derives from severe consequences in case of breach of these rules that may give rise to fines, nullity of agreements, and in some regulations, even to criminal offenses. For this purpose, the paper explains the notion of ‘undertaking’ as understood in the EU and Slovenian competition law systems. It deals especially with public bodies such as states, local communities, public institutes, and others that can also qualify as undertakings when they perform activities for pay in the market, and are thus obliged to follow competition rules. A review of the case law shows that many public entities have been under the Competition Authority’s investigation of infringements of competition rules. KEYWORDS: • competition law • public authority • undertaking • economic activity • association of undertakings • single economic entity • EU • Slovenia

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Published

2010-07-31

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Article