Undertaking: For the purpose of EU antitrust law, any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed, is considered an undertaking.
What is undertaking in the competition law?
Undertaking in the Competition Law. Definition of Undertaking based on the Glossary of terms used in EU competition policy (Antitrust and control of concentrations, 2002):For the purpose of EU antitrust law, any entity engaged in an economic activity, that is, an activity consisting in offering goods or services on a given market,...
Is there a single concept of undertaking?
It seeks to elucidate the principles and policy underpinning and influencing them and questions whether there is, or should be, a single concept of an undertaking which applies throughout EU competition law and, if so, how it is defined.
What is an undertaking in a court case?
Definition of Undertaking A promise, especially a promise in the course of legal proceedings by a party or his counsel, which may be enforced by attachment or otherwise in the same manner as an injunction. An undertaking to appear in an action is a promise by a solicitor that he will enter an […]
What happens if you don’t complete an undertaking?
Failure to complete this (often within a set period of time) may be seen as a serious breach (a contempt of Court) and punishable by a fine and/or imprisonment. Where such an undertaking is given, the Court will expect the nature of the undertaking and the consequences of default to have been explained to the person giving it.
What is an undertaking in EU?
In the field of competition law, the concept of 'undertaking' covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. Any activity consisting in offering goods or services on a given market is an economic activity.
What is considered an undertaking?
'Undertaking' is the practice of overtaking a slower moving vehicle on its left-hand side (kerb side). While it's not strictly illegal to undertake on a motorway or dual carriageway in the UK, it can be extremely dangerous, and punishable if deemed to be careless driving.
What does undertaking mean law?
An undertaking is a promise to the court that is given by the respondent (or a person bound by an interim restraining order) that they will not do certain things. They can be used to end restraining order applications before the court makes a decision at a final hearing.
What is the purpose of an undertaking?
An undertaking is “a promise given by one party to the Court, frequently of mandatory nature and relating to an obligation to the other party in proceedings.” Undertakings are a legally binding promise which carry severe consequences if breached.
Is undertaking an agreement?
Undertaking Agreement means an agreement among the First Nation, the Authority and one (1) or more creditors of the Authority (or a trustee on behalf of such creditors) under which such creditors or such trustee may, among other things, exercise the Authority's rights in respect of a loan to the First Nation.
Is an undertaking enforceable?
These undertakings will only be enforceable in the court on the basis of breach of contract, although the SRA will have enforcement powers over a company or limited liability partnership law firm that it regulates—see Practice Note: Undertakings and the SRA 2019.
What does it mean to file an undertaking?
Undertaking in general means an agreement to be reponsible for something.
What makes an undertaking personally binding?
If a practitioner is found to have given a personal undertaking then he/she is bound by it. Failure to comply with the undertaking can amount to unsatisfactory conduct or professional misconduct.
What happens at an undertaking?
Rather than keeping a person in custody to appear before a court the Police will charge and release a person to appear at court at a later date. Ordinarily three or four weeks later. The person gives a signed “undertaking” that they will attend at court on the date and time indicated on the form. You MUST attend court.
Who can make an undertaking?
Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.
What is the difference between an undertaking and a court order?
In domestic abuse proceedings, an Undertaking can be a promise to do or to avoid ALL the steps contemplated by the proposed Court Order. This means that you agree to observe these stipulations, but it is not a Court Order.
What does it mean to file an undertaking?
Undertaking in general means an agreement to be reponsible for something.
What is a personal undertaking?
1 of or relating to the private aspects of a person's life.
What does undertaking something mean?
Definition of undertake transitive verb. 1 : to take upon oneself : set about : attempt undertake a task undertake to learn to swim. 2 : to put oneself under obligation to perform also : to accept as a charge or responsibility the lawyer who undertook the case.
Does an undertaking need to be in writing?
A solicitor's undertaking is a commitment by a solicitor to do something, cause something to be done or abstain from doing something. It can be given orally or in writing and does not have to include the word "undertake" or "undertaking".
What is the second type of undertaking?
The second type of undertaking is known as an undertaking for “best endeavours ”. This again requires the person giving the undertaking to sign a statement acknowledging the possible consequences of default. However, such “best endeavours” undertakings are ones which the Court recognise may not be complied with because they involve a third party.
What is the subject of promises in court?
These are traditionally therefore the subject of promises known as “undertakings”. These generally come in two forms.
Alison Jones
This article considers how the boundaries of an undertaking or economic unit are identified in EU competition law.
Abstract
This article considers how the boundaries of an undertaking or economic unit are identified in EU competition law.