Doctrinal Challenges for a Privacy-Friendly and Green EU Competition Law

Abstract

The European Union is transitioning to a digital and green economy, an ambitious endeavour that must be supported by all of its policies and actions. This includes competition law as a central pillar of the European economic constitution. While a greener and more privacy-friendly EU competition law do not share many traits at first sight, their insistence on non-economic goals defies some of the more established logic of EU competition law and requires a new outlook that reconciles their individual paths. Starting from the constitutional standing of the (quasi )foundational values of data protection and environmental sustainability, the contribution analyses how competition law doctrine is challenged by both the digitalisation and the greening of the EU economy and society, while proposing solutions to this dual challenge. It develops a taxonomy based on value alignment, value conflict, and value inclusion to better understand and frame the interaction between public policy goals such as data protection and environmental sustainability and competition law. By approaching the topic from a comparative angle focused on data protection and environmental sustainability, this analysis will, for the first time, allow for insights into synergies that the twin transition to a green and digital economy can harness in the area of competition law.

Keywords: Competition law, coherence, consistency, data protection, digital markets, environmental sustainability, foundational values, green competition law, integration clauses, sustainability

JEL Classification: K21, K38, K32, L40, Q01