On 26 April 2012, Advocate General Jääskinen handed down an opinion to the Austrian Supreme Court on whether a public authority is an “undertaking” under Article 102 of the TFEU (in relation to abuse of dominant position by an undertaking), where it stores information reported by undertakings and allows inspection to be made in return for payment, but prevents more extensive use of the information. The Advocate General concluded that, in this instance, storing information provided by businesses as a result of statutory reporting obligations and allowing inspection of this information was part of Austria’s public powers and did not constitute economic activity. Therefore, the public authority was not considered an “undertaking” under Article 102. Read more.