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The article compares the different approach of two bodies of economic regulation – EU competition law and public procurement law – to the concept of undertaking reflecting diverse goals both regulations follow. It starts with general characteristics of competition law and public procurement law, especially as far as their mutual relationship is concerned. In spite of many common goals and important intersections, there are also conflicting issues between them. And concept of undertaking is a topic where the point of view of both blocks of regulation differs. This diversity and its reasons are analysed on the background of the CJ EU judgement in case C-531/16.

Digital Platforms: Competition Law Versus Ex Ante Regulation. Digital age has brought many challenges for legal regulation. One of vividly discussed issue is a question on possible regulation of digital platforms. Digital platforms have had an impact within business sphere as well as broader socio-political impact. This article aspires to contribute to the discussion on regulation of digital platform, in particular it explores application of competition law and regulation ex ante. It asks to what extent can competition law solve issues related with digital platforms. Since an exhaustive answer to the question is beyond the limits of one article, this article focuses on the definition of a digital platform, followed by a discourse on competition law and ex ante regulation. The possible insufficiencies of competition law are examined based on two cases: German Facebook case and Google Shopping case. The article shows that competition law might be reaching its limits in dealing with certain particular issues related to digital platforms.

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Competition is the main self-regulatory principle of the market in general, internal market included. Competition law has the form of general clauses making its application dependant on the correct interpretation of general concepts. Core competition rules of the Functional Treaty („TFEU“) are addressed to undertakings; undertaking thus belongs to key concepts of competition law. Interpretation of this concept is decisive for the scope of competition rules application. So, the article explores different approaches of the case law to the interpretation of the concept of undertaking based on economic activity.  It compares the FENIN doctrine and the new functional test of separability developed in EASY PAY. It drives attention to the impact of this new test for the evaluation of procurement activities under competition scrutiny.