CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ ADDRESSEES OF ANTITRUST AND STATE AID LEGISLATION IN EUROPEAN… Conversely, when an international agreement is concluded with countries with their own tradition of competition law, that do not aspire to approximate their legislation to EU law, the term “undertaking” is omitted and other terms, most frequently “enterprise”, are used without further details. The same applies to international organizations, in particular the OECD, and their legal documents. It is self-evident that this may lead to confusion and to problems with interpretation. I strongly suggest that in international treaties on competition law, a unified terminology is introduced. The UNCTAD Model competition law and its definition of an “enterprise” might serve as a starting point for further discussion.

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