Publication at Faculty of Law |
2020
Abstract
The Chinese state-owned enterprises test the ability of the existing EU legal framework for the protection of economic competition to regulate entities originating from the systematically different socialist market economy of today's China. The question is whether or not is the EU competition law sufficiently neutral and flexible to be universally applicable and able to encompass corporate structures guided and managed differently from its underlying assumptions.
One of the main these of the paper is that the key concept of undertaking (and the derived one of single economic unit) under EU competition law do not correspond to the reality of Chinese state-owned enterprises.