An Analysis of the Concept of Undertaking in Competition Rules of the European Union and Pakistan

Abstract

This article critically examines the pivotal concept of “undertaking” within the realm of competition law, emphasizing its interpretation and significance in both the European Union and Pakistan’s legal frameworks. The analysis sheds light on the remarkable parallels observed in the definition of this key element across both jurisdictions. While Pakistan’s Competition Act 2010 meticulously defines “undertaking” to encompass a broad spectrum of entities engaged in economic activities, the Treaty on the Functioning of the European Union adopts a more open-ended approach, allowing European Union Courts to shape the term through case law. Notably, the study delves into the absence of established legal precedents in Pakistan’s competition regime, contrasting it with the comprehensive elucidations offered by the Competition Commission of Pakistan. In essence, the article underscores a common goal shared by both Pakistan and the European Union: the precise delineation of entities subject to competition law, showcasing a convergence of principles amidst differing legal systems.