A cooperative organization which is composed of several other associations of undertakings and individual companies can be considered, at the same time, an undertaking and an association of undertakings for the purpose of applying Article 101 TFEU to the anticompetitive conduct of such an organization. It can be fined by taking into account its own…

In an opinion delivered on 11 January 2024, Advocate General Szpunar concludes that the concept of ‘undertaking’ cannot be invoked to determine the parties that can be served legal documents in antitrust damages claims. He clarifies that the concept of undertaking applies to substantive competition law only – to determine the parties who may be…