Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Functional Approach and Economic Activity in EU Competition Law, <i>Today</i>: The Case of Social Security and Healthcare

Functional Approach and Economic Activity in EU Competition Law, Today: The Case of Social... In EU competition law, the concept of economic activity is governed by a functional approach whereby for an entity to be considered an undertaking it must provide services for remuneration in a market context, albeit only potentially. With regard to social security and healthcare, the article argues that there is uncertainty as to whether the aforesaid approach has been endorsed by the EU institutions. Today, exacerbating this uncertainty are conflicting trends in the case law of the CJEU and the practice of the European Commission on the relevance of the principle of solidarity in assessing Member States’ laws and regulations. This uncertainty should be remedied by the two institutions taking a clear stance on the issue. In this respect, better advantage could be taken of Article 106(2) TFEU as a balancing tool. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Functional Approach and Economic Activity in EU Competition Law, <i>Today</i>: The Case of Social Security and Healthcare

European Public Law , Volume 26 (3): 18 – Dec 1, 2020

Loading next page...
 
/lp/kluwer-law-international/functional-approach-and-economic-activity-in-eu-competition-law-i-vil0nv35up
Publisher
Kluwer Law International
Copyright
Copyright © 2020 Kluwer Law International BV, The Netherlands
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

In EU competition law, the concept of economic activity is governed by a functional approach whereby for an entity to be considered an undertaking it must provide services for remuneration in a market context, albeit only potentially. With regard to social security and healthcare, the article argues that there is uncertainty as to whether the aforesaid approach has been endorsed by the EU institutions. Today, exacerbating this uncertainty are conflicting trends in the case law of the CJEU and the practice of the European Commission on the relevance of the principle of solidarity in assessing Member States’ laws and regulations. This uncertainty should be remedied by the two institutions taking a clear stance on the issue. In this respect, better advantage could be taken of Article 106(2) TFEU as a balancing tool.

Journal

European Public LawKluwer Law International

Published: Dec 1, 2020

There are no references for this article.