The single economic entity doctrine in EU competition law

Publishers Abstract:
Articles 101 and 102 TFEU apply to the activities of undertakings. An undertaking may comprise several natural or legal persons, together referred to as a 'single economic entity'. The grouping of several natural or legal persons into a single economic entity raises the questions of whether persons that form part of a single economic entity are able to enter into agreements amongst themselves that are contrary to Article 101; and also which of the constituent legal entities may be held liable for an infringement of EU competition law committed by the economic entity. In light of case law concerning these questions we offer a reconceptualization of the single economic entity doctrine and its role within competition law.