Competition Law’s Sustainability Gap? Tools for an Examination and a Brief Overview

Lund University Legal Research Paper Series, October 2019

11 Pages Posted: 21 Nov 2019 Last revised: 4 Dec 2019

See all articles by Julian Nowag

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Date Written: November 1, 2019

Abstract

The aim of this paper is two-fold. First, the paper aims to provide tools for a structured examination of competition law’s perceived inability to address sustainability. The EU framework is chosen as a case study as EU competition law is embedded in the EU’s constitutional framework. As a result, EU competition law is subject to the requirement of Article 11 TFEU. This articles mandates that ‘environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.’ The paper thus aims at providing some tools for a closer examination of how such integration can or cannot take place. The second aim of this paper is modest. It aims to provide the reader with a cursory examination of the perceived gap. It shows that EU competition law has developed some tools that can be well be used to foster sustainability in a competition law context, and that these tools are often not EU specific. Thus, these could equally inspire other jurisdictions.

Keywords: Antitrust, EU Competition Law, Sustainability, Integration, Environmental Protection, Constitutional Requirements

JEL Classification: K21, K32, D62

Suggested Citation

Nowag, Julian, Competition Law’s Sustainability Gap? Tools for an Examination and a Brief Overview (November 1, 2019). Lund University Legal Research Paper Series, October 2019, Available at SSRN: https://ssrn.com/abstract=3484964 or http://dx.doi.org/10.2139/ssrn.3484964

Julian Nowag (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

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