Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships?

Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships? 2018

Arizona State Law Journal, Vol. 50, No. 2, 2018, pp. 497 – 513

25 Pages Posted: 21 Aug 2018

See all articles by Paolo Davide Farah

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom)

Tivadar Ötvös

gLAWcal - Global Law Initiatives for Sustainable Development

Date Written: June 26, 2018

Abstract

At first sight the potential discrepancy between competitive behavior of market participants, trade rules and the basic notion of sustainable development may seem to be of a negligible importance. However, during the interactions of market processes with sustainability goals through various levels of support, provided by public or private entities problems arise, even more so in the light of the commitments of the Paris Agreement, the United Nations Sustainable Development Goals (SDGs) and corporate social responsibility principles. This Article aims to address the most obvious overlappings between these areas under the coverage of legal provisions regulating the grant of state aid, subsidies and policies related to mutual cooperation of private subjects towards achieving sustainability. The purpose is to draw conclusions regarding the criteria taken into consideration during the evaluation of competition distorting behaviors in case of environmental and sustainable energy state aid, subsidy- and contract-based cooperation and coalitions among private entities.

Keywords: Competition Law, Energy, Sustainable Development, Individualism, Cooperative Partnership, Paris Agreement, Sustainable Development Goals (SDGs), Trade, Market, Corporate Social Responsibility

JEL Classification: Q40, Q42, Q43, Q38, K30, K32, K33, O13, Q20, Q32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30

Suggested Citation

Farah, Paolo Davide and Ötvös, Tivadar, Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships? (June 26, 2018). Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships? 2018; Arizona State Law Journal, Vol. 50, No. 2, 2018, pp. 497 – 513. Available at SSRN: https://ssrn.com/abstract=3227777

Paolo Davide Farah (Contact Author)

West Virginia University (WV, USA) ( email )

325 Willey Street
Morgantown, WV 26506
United States

HOME PAGE: http://paolofarah.wordpress.com

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

United Kingdom

HOME PAGE: http://www.glawcal.org.uk/

Tivadar Ötvös

gLAWcal - Global Law Initiatives for Sustainable Development ( email )

United Kingdom

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