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Page 1 of 2

  • 3 - Not-for-Profit Organisations and Competition Law

  • from Part I - The Object and Purpose of Corporations
  • Edited by Marco Corradi, ESSEC Business School Paris and Singapore, Julian Nowag, Lunds Universitet, Sweden
  • Book:
    Intersections Between Corporate and Antitrust Law
    Published online:
    25 May 2023
    Print publication:
    08 June 2023, pp 48-60
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  • Summary

    There are often claims that competition law does not or should not apply to entities that operate on a not-for-profit basis. Operating on a not-for-profit is not however accepted as a reason to exclude an entities activities from the scope of competition law. Competition law is applied to non-profit providers and this essay identifies a number of ways in which not-for-profit status can influence the way the law is applied. It then considers whether, particularly when not-for-profit entities are competing with for-profit entities, whether and why modifications in the application of the law are justified.

  • The Meaning of Undertaking within 81 EC

  • Okeoghene Odudu
  • Journal:
    Cambridge Yearbook of European Legal Studies / Volume 7 / 2005
    Published online by Cambridge University Press:
    27 October 2017, pp. 211-241

  • Who is bound by the competition rules in the EC Treaty? Article 81 EC applies to agreements and concerted practices between undertakings and to decisions of associations of undertakings; two addressees are specified: (a) undertakings and (b) associations of undertakings. This paper is mainly concerned with the meaning of (a) undertaking. As noted by Advocate General Jacobs, ‘the concept of “undertaking” serves a dual purpose in the system of Article [81]. On the one hand—and this function is more obvious—it makes it possible to determine the categories of actors to which the competition rules apply. . . . On the other hand, it serves to establish the entity to which a certain behaviour is attributable’.

Regulating Trade in Services in the EU and the WTO
  • Trust, Distrust and Economic Integration
  • Edited by Ioannis Lianos, Okeoghene Odudu
  • Published online:
    05 April 2012
    Print publication:
    22 March 2012
  • This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.

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