Przedsiębiorstwo jako podmiot prawa konkurencji : analiza pojęcia na gruncie przepisów traktatowych UE

Abstract

The purpose of this article is to analyse the ways of using the term ‘company’ in the provisions of the EU primary law concerning the protection of competition, as well as to indicate the unadjudicated issues that need taking an unambiguous position by the Court of Justice of the European Union (CJEU). In the first place, the wording of the provisions which have employed the concept of a company have been analysed. The analysis of the provisions of the European Union law was carried out with the use of linguistic comparison, i.e. the comparison of the wording in various official languages of the EU. Due to a very broad scope of the discussed issue, the present study has been limited to analysing the provisions of the Treaty which constitute the backbone for the interpretation of the concept of a company in the EU competition law. The results of the comparative analysis of legislation and adjudication have been confronted with the research presented in the literature concerning functioning of the studied concepts in adjudication and legal practice.