Undertakings and Legal Entities as Addressees of Articles 101 and 102 TFEU

Marcos Araujo Boyd

Chapter 9 in Research Handbook on Competition and Corporate Law, 2025, pp 170-192 from Edward Elgar Publishing

Abstract: European competition rules are addressed to economic units or “undertakings”. That term seeks to capture economic players irrespective of their legal form and may not be identified with a legal person. At the same time, Articles 101 and 102 TFEU are enforced against specific natural or legal persons. Procedural acts such as the statement of objections or the decision adopted at the end of a procedure must be communicated to entities with legal personality, and the same is true for the private enforcement of competition law. This results in a dual attribution model whereby Articles 101 and 102 TFEU are simultaneously applied to economic players and legal entities. This chapter explores the tensions that result from this duality in the public and private enforcement realms, and explores its implications in the field of public procurement.

Keywords: Competition Law; Notion of Undertaking; Legal Personality; Imputation (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803920542
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