18 November 2019
Anticompetitive agreements: Public distancing
The absence of public distancing can be the sole evidence of an undertaking’s participation in an agreement only when it participated in collusive meetings.
CJEU, Case C-599/18 P Silec Cable SAS, Judgment of 14 November 2019, LawLex201900001377JBJ
State aid: Concept of undertaking
In order to determine whether the activities of the undertaking at issue form part of the exercise of public powers or whether they can be classified as economic activities, it must be verified whether those activities, by their nature, their aim and the rules to which they are subject, are connected with the exercise of public powers or whether they have an economic character which justifies the application of the EU competition rules and specifically Article 107 TFEU.
CJEU, Case C-687/17 P Aanbestedingskalender BV, Judgment of 7 November 2019, LawLex201900001379JBJ
State aid: Concept of undertaking
The “separation” criterion only applies where certain activities of a public entity do not, as such, form part of the exercise of public powers and must be considered, in isolation, to be economic activities.
CJEU, Case C-687/17 P Aanbestedingskalender BV, Judgment of 7 November 2019, LawLex201900001379JBJ
