The concept of an undertaking is of utmost importance in European and national competition law. It inter alia determines which entities a fine for a breach of competition law can be attributed to. According to the ECJ, fines can be imposed on the economic successor of the original wrongdoer, even if such original wrongdoer is still existing and active on the market. In cases of privatization, this means that fines resulting from state acts can potentially be attributed to the the buyer in the process of privatization.
Due to a change in its enforcement policy, the European Commission is now imposing penalties on consultancy firms acting as facilitators of cartels, irrespective of the fact that they are not active on the market affected by the respective restriction of competition.
