What is an undertaking?

The Competition Act applies to all undertakings. The term "undertaking" applies to every form of activity of an economic or commercial nature, quite irrespective of whether its purpose is to make a profit or not. The specific legal form under which the undertaking is run is immaterial. What is important, however, is that some form of economic or commercial activity is involved.

Limited companies, partnerships, sole proprietorships and economic associations are all to be understood as undertakings. Activities in the public sector may fall into this category, except where their activities involve the exercise of authority. In terms of EC legislation, it might be mentioned that actors and opera singers have been regarded as undertakings when performing.