Jurisdiction(s):
United Kingdom

What Constitutes an ‘Undertaking’ in UK and EU Competition Law: Economic Activity, Public Services, Single Economic Entity, Trade Associations and Professional Bodies

Published by a LexisNexis Competition expert

Practice notes

The question of what is an ‘undertaking’ determines the scope of competition law.

Only undertakings fall under the rules on anti-competitive agreements and the abuse of a dominant position. This preliminary issue must be resolved before any enquiry into conduct (and its effect on the market) begins. In many cases the answer is straightforward—a business trading commercially will be within reach. Matters become more debated when the provision of public services is in play. The term 'undertaking' is not defined in the EU Treaties or regulations. The case law instead examines the activity at issue, drawing a crucial line between private operators ‘engaged in economic activity’ and those acting to pursue a social or public aim. That approach can include non-profit-making activity and the work undertaken by trade associations and charities. Public bodies may equally be undertakings where they engage in economic activity rather than delivering a public service. An undertaking can comprise more than one company where the entities are linked and not independent of one another—for example, companies within a corporate group are commonly treated as part of a single undertaking. As a result, a parent company can be held accountable for any...

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Web page updated on 21/05/2026

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