“THE UNDERTAKING” AND “THE RELEVANT MARKET”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE PRACTICES
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
The desire to maintain themselves on a particular market, at a higher level of profitability or at a reasonable level at least, can lead the undertakings to adopt an anticompetitive behaviour more easily. This may result from either the existence of anticompetitive agreements and concerted practices, or the tendency to abuse its dominant position which the undertaking has on a certain market. “The undertaking” and “the relevant market” are the key concepts in the analysis of anticompetitive practices. The active subject of anticompetitive practices is “the undertaking”. This concept has a particular significance in the competition law, different from the common law. Competition rules apply to the conduct of undertakings and associations of undertakings so that the concept of undertaking makes it possible to determine the categories of actors to which the competition rules apply. However, the term undertaking is nowhere defined in the EU Treaties; as such, the concept has generated a complex body of jurisprudence. "The market" is a term with pronounced economic resonances; synthetically, the market is the place where supply meets demand. In the context of the competition law, "the market" means "relevant market". The relevant market is the market of product/service in terms of demand and supply, and then superimposed on the geographic market. The analysis of these key concepts necessarily entails the conceptual delimitation of the notions. On this purpose, the relevant legal provisions will be identified in the Romanian and EU law, together with the decisions of the European Court of Justice in this matter.
Authors and Affiliations
CRISTINA CUCU
Keywords
Related Articles
- EP ID EP88419
- DOI -
- Views 182
- Downloads 0
COMPARATIVE STUDY ON MAIN SOLVENCY ASSESSMENT MODELS FOR INSURANCE FIELD
During the recent financial crisis of insurance domain, there were imposed new aspects that have to be taken into account concerning the risks management and surveillance activity. The insurance societies could develop i...
THEORETICAL AND PRACTICAL CONSIDERATIONS ON THE EXECUTION OF THE LEASING CONTRACT IN ROMANIA
Leasing contract: the present study was made with the scope to underline the ambiguity and the controversies between the national laws and the international norms which govern this type of contract, which is so widely us...
ECONOMIC NATIONALISM’S VIABILITY UNDER GLOBALIZATION
The path undertaken by the world economy is irreversible - the world economic system is a system based on interdependencies, cooperation and multilateralism but economic openness is not full. Each country, in order to pr...
ENERGY RELATIONS BETWEEN RUSSIA AND UKRAINE AFTER THE EUROMAIDAN: TRAPPED BETWEEN THE CONTRACTUAL SPACE AND THE SPACE OF SPACES
Russia-Ukraine energy relations have been mired in constant tension and contract renegotiations since the fall of the Soviet Union. Major examples of the conflict ridden character of mutual energy relations are the big d...
POPULATION POLICY OR SOCIAL POLICY?
After 1989, the demographic situation of Romania population experienced a dramatic, very concerning and dangerous evolution trend. One of the first measures of the new political power was to abolish the very restrictive,...