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Definition of undertaking in competition law

  • Estonia
  • Competition, EU and Trade


Risto Rüütel has written an article on competition law issues related to agreements with management board members. It is often overlooked that the definition of undertaking in competition law is quite broad and encompasses not only legal persons but (if certain conditions have been met) natural persons as well. Estonian Supreme Court has found in unfair competition cases that management board members can be considered undertakings for the purpose of Estonian Competition Act. Therefore, a non-compete obligation agreed with a management board member can theoretically constitute an anti-competitive agreement between undertakings if the non-compete obligation is unnecessary or disproportional.

The article is available in Estonian