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State Aid Law of the European Union edited by Hofmann, Herwig C H; Micheau, Claire (11th August 2016)

Part II The Notion of State Aid, 2 The Notion of Undertaking

Viktor Kreuschitz, Hanns Peter Nehl

From: State Aid Law of the European Union

Edited By: Herwig C. H. Hofmann, Claire Micheau

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2019

Subject(s):
Economic or commercial activity — Undertakings — State aid

This chapter focuses on the notion of undertaking. The concept of undertaking is based on that of economic activity. Essentially this regards an activity that is subject to market-based competition, or that is at least potentially capable of being provided in competition. There is no single set of criteria to determine this. Instead, a range of different criteria has emerged to determine whether economic activity is involved in particular sectors such as the exercise of public authority of the provision of social security, education, or healthcare. Often a number of such factors have to be weighed. Increasingly there are different activities such as building and exploiting airport facilities, which are economically linked, regarded jointly as economic activities which come within the field of State aid rules.

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