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3 - The Firm in Competition Law

from Part I - The Conception of the Firm

Published online by Cambridge University Press:  01 February 2019

Florence Thépot
Affiliation:
University of Glasgow
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Summary

Part I of this book critically assesses the distinctive conception of the firm that prevails in competition law, in light of issues of contemporary relevance. Chapter 3 introduces such a conception, reflected in the concept of undertaking, and in the single entity doctrine. In the EU, the concept of undertaking, defined as any entity engaged in economic activity, determines the substantive reach of competition law. In the EU and in the US, the single entity doctrine supports the idea that relationships among entities forming part of a single entity should be immune from the prohibitions on anticompetitive agreements. The doctrine is thereby used to distinguish an undertaking from the other, and to ascertain whether entities will be subject to competition law either separately or jointly. In the EU, the doctrine is also used to attribute liability in case of undertakings composed by economically affiliated but legally independent companies. Theoretical concepts used to define the boundaries of the firm may also be used for determining all activities which should be left outside the realm of competition law: non-economic activities and matters that relate to the internal organisation of companies. However, attribution of liability demands an alternative framework, based on the agency theory.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • The Firm in Competition Law
  • Florence Thépot, University of Glasgow
  • Book: The Interaction Between Competition Law and Corporate Governance
  • Online publication: 01 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108505185.004
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  • The Firm in Competition Law
  • Florence Thépot, University of Glasgow
  • Book: The Interaction Between Competition Law and Corporate Governance
  • Online publication: 01 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108505185.004
Available formats
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Save book to Google Drive

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  • The Firm in Competition Law
  • Florence Thépot, University of Glasgow
  • Book: The Interaction Between Competition Law and Corporate Governance
  • Online publication: 01 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108505185.004
Available formats
×