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Publishers Abstract:
The notion of an 'undertaking' is a basic concept in European competition law. It determines the scope of application of Articles 81, 82, 86 and 87 EC. It plays a crucial role in deciding whether and to what extent the competition rules are applicable to agreements entered into by trade unions and employees, to economic activities of public authorities, to the behavior of social security bodies and of members of the liberal professions, to agreements entered into by bodies of the Member States. Federacion Espanola de Empresas de Tecnologia Sanitaria (FENIN) is an association of undertakings which market medical goods and equipment, used in Spanish hospitals. In FENIN v. Commission judgment of Mar 4, 2003, the Court of First Instance dismissed the plea relating to Article 82 EC. The Court (in para 35) based its judgment on the definition of an "undertaking" put forward by the Court of Justice in Hofner and Elser. In its judgment the ECJ dismissed the appeal as partly inadmissible and as partly unfounded.
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