Der Unternehmensbegriff im GWB-Vergaberecht

Abstract

The GWB public procurement law uses the term undertaking both when describing potential contractors and when determining who is entitled to legal protection, without defining it in more detail. The author takes this as an opportunity to examine the concept of an undertaking under the GWB public procurement law from a legal-theoretical perspective, in light of the existing academic discourse. The central question is whether and to what extent the EU law concept of an economic operator and/or the functional concept of an undertaking under competition law are relevant. The differences and parallels between these conceptual understandings are identified, and the implications of applying each approach are fully considered.