Local authorities are not undertakings and are therefore not subject to competition rules

Court of Appeal – regulation of taxis – Competition law – EU law – prohibition of any abuse by one or more undertakings of a dominant position in trade for any goods or services in the State - the Judge erred in concluding that the Councils were not undertakings and accordingly was wrong to dismiss their competition law claims on that basis - whether the Councils are to be regarded as undertakings turns on the nature of their functions relating to the issuing of new taxi licences and/or the transfer of existing taxi licences during the relevant period – High Court hearing and judgment – arguments on appeal – relevant case law - the essential licensing function here unquestionably involved the exercise of “official authority” and “public powers” - Councils were not undertakings, and therefore were not subject to the competition rules, in carrying out their licensing functions pursuant to the regulations made under section 82 of the 1961 Act – appeal dismissed