Solving a Sustainability-Deficit in European Competition Law

World Competition, Volume 40 (2017) / Issue 4

Posted: 3 May 2019

See all articles by Anna Gerbrandy

Anna Gerbrandy

Utrecht University - School of Law

Date Written: April 2, 2017

Abstract

It is undeniable that there is a tension between European competition law and sustainability-focused agreements between undertakings. Whether it should, and how it could, be resolved is less clear. The necessity of providing ‘more room’ for sustainability-focused agreements is contested. Set within the wider discussion on the (proper) goals for European competition law, these public interests are often seen as alien to an economic approach of competition law. By taking developments in the Netherlands, where the tension seems to play out most visibly, as starting point, this article first sets out the argument that there is a sustainability-deficit within current competition law, and delineates where this deficit is ‘located’. The article then provides an overview of possible solutions. These are not (all) immediately applicable but would need tweaking existing competition law’s instruments. Thus both to the interpretation of the Article 101 (3) TFEU exception clause and to the doctrines relating to placing entities or activities outside the scope of Article 101 (1) TFEU are discussed, as is the underlying rationale relating to the dichotomy between market and government.

Suggested Citation

Gerbrandy, Anna, Solving a Sustainability-Deficit in European Competition Law (April 2, 2017). World Competition, Volume 40 (2017) / Issue 4, Available at SSRN: https://ssrn.com/abstract=3364135

Anna Gerbrandy (Contact Author)

Utrecht University - School of Law ( email )

3512 HT Utrecht
Achter Sint Pieter 200
Utrecht
Netherlands

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