<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This paper assesses whether the purposive (functional) interpretation of the term “undertaking” is used by decision-makers in antitrust cases. This article presents a short summary of this research regarding cases related to the abuse of a dominant position. As a rule, priority must be given to the direct meaning of a text. There are, however, important exceptions to the sup- posed rule. A concise examination of the jurisprudence shows that purposive interpretation is used where the provision in question is open to several inter- pretations. This article relates in some form to the problems that arise from the EU-oriented purposive interpretation of the term “undertaking” as defined under Polish antitrust law. The article considers some of them.</p></abstract>

This paper assesses whether the purposive (functional) interpretation of the term “undertaking” is used by decision-makers in antitrust cases. This article presents a short summary of this research regarding cases related to the abuse of a dominant position. As a rule, priority must be given to the direct meaning of a text. There are, however, important exceptions to the sup- posed rule. A concise examination of the jurisprudence shows that purposive interpretation is used where the provision in question is open to several inter- pretations. This article relates in some form to the problems that arise from the EU-oriented purposive interpretation of the term “undertaking” as defined under Polish antitrust law. The article considers some of them.

Purposive Interpretation of the Term “Undertaking” as Defined Under Polish Antitrust Law – Some Observations

Studies in Logic, Grammar and Rhetoric

This paper assesses whether the purposive (functional) interpretation of the term “undertaking” is used by decision-makers in antitrust cases. This article...

Purposive Interpretation of the Term “Undertaking” as Defined Under Polish Antitrust Law – Some Observations

Published Online: Aug 27, 2013

Page range: 113 - 126

DOI: https://doi.org/10.2478/slgr-2013-0017

This content is open access.