Enterprises (companies) and their associations - subjects of anticompetitive practices

• Author: Ovidiu Horia Maican
• Pages: 206-212

Enterprises (companies) and their associations – subjects

of anticompetitive practices

Lecturer Ovidiu Horia MAICAN1

Abstract

The competition rules applicable to enterprises (companies) are the most

important rules of European Union competition law. They have a direct effect and are

primarily applicable to companies. Prohibition of agreements restricting competition ,

abusive exploitation of dominant positions, control of concentrations and state aid are th e

pillars of European Union competition law.

Keywords: competition, enterprises, asociations of enterprises, agreements.

JEL Classification: K21, K33

1. Introduction

All prohibited agreements, decisions or concerted practices are agreed and

applied by undertakings or associations of undertakings.2

The legislative text does not define the notion of "enterprise", although this

notion is used in different contexts.3

The jurisprudence of the Court of Justice has shown that article 81 (ex 85)

EC (today article 101 TFEU) has as recipients economic entities, each consisting in

a unitary organization of personal, material and immaterial elements, having an

economic purpose to produce and sell, in order maximizing profits.

As a follow-up, the Commission, in a Communication of 14 August 1990,

defined the enterprise as an organized set of human and material means, pursuing a

determined economic goal.

2. The notion of enterprise

By analyzing these definitions, it is concluded that the enterprise is an

organized resource set (not necessarily a definite legal form), being a natural

person, a legal entity or a group of at least two of them, operating as an

1 Ovidiu Horia Maican – Department of Law, Bucharest University of Economic Studies, Romania,

ovidium716@gmail.com.

2 Manolache, O., Regimul juridic al concurenței în dreptul comunitar, All Beck Publishing House,

1997, p. 6

3 Manolache, O., Drept comunitar, All Beck Publishing House, 2003, p. 299.