Higher Education Institutions and EU Competition Law

摘要: This chapter conducts an in-depth legal doctrinal assessment of potential competition law constraints on HEIs. It thereby lays the ground for a detailed discussion effects research in HEIs three Member States subsequent chapters. First, concept ‘undertaking’ and services general economic interest will be assessed to determine how far might fall under provisions first place. shown that this becomes increasing likely more commercial elements HEI system adopts. Then, possible arising from application Article 101 TFEU (prohibition anti-competitive collusion), 102 abuse dominance), Regulation 139/2004/EC (merger control) 107 state aid) explored. We see that, whilst rules occasionally aid ‘consumers’ or themselves, they can also lead detrimental cases where clash with public service nature teaching activities