Ámbito de aplicación del derecho de la competencia
Competition law uses a substantive concept of undertaking, regardless of its legal status (private or public) and the way in which it is financed. What is relevant is that the undertaking is engaged in an economic activity. Therefore, competition law does not apply to activities which are carried ou...
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| Autor principal: | |
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2019
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6889935 |
| Fuente: | Revista de administración pública, ISSN 0034-7639, Nº 208, 2019, pags. 17-49 |
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| Sumario: |
Competition law uses a substantive concept of undertaking, regardless of its legal status (private or public) and the way in which it is financed. What is relevant is that the undertaking is engaged in an economic activity. Therefore, competition law does not apply to activities which are carried out based on solidarity principles. Administrative authorities cannot be sanctioned for anti-competitive practices when exercising the powers of a public authority. However, such action might be annulled for infringing competition law. Competition law does not apply either to restrictions of competition covered by EU law or state laws, or to behaviors covered by sector-specific regulation. |
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