The New Sustainability Exemption in Austrian Competition Law

Journal of European Competition Law & Practice (2022), pages 426-434

12 Pages Posted: 14 Dec 2021

See all articles by Viktoria H.S.E. Robertson

Viktoria H.S.E. Robertson

Vienna University of Economics and Business; The Competition Law Hub

Date Written: October 29, 2021

Abstract

A new sustainability exemption entered into force with Austria’s most recent competition law amendment of September 2021. The new exemption provision’s aim is to promote genuine green cooperation. The sustainability exemption’s scope of application, however, is not yet clear. The Austrian Federal Competition Authority is set to publish sustainability guidelines in 2022 in order to provide companies with further guidance. It also remains an open question to what extent the new provision is compatible with Article 101 para 3 TFEU.

Keywords: Competition law, sustainability, exemption, convergence rule

JEL Classification: K21

Suggested Citation

Robertson, Viktoria H.S.E., The New Sustainability Exemption in Austrian Competition Law (October 29, 2021). Journal of European Competition Law & Practice (2022), pages 426-434, Available at SSRN: https://ssrn.com/abstract=3957551 or http://dx.doi.org/10.2139/ssrn.3957551

Viktoria H.S.E. Robertson (Contact Author)

Vienna University of Economics and Business ( email )

Welthandelsplatz 1
Vienna, Wien 1020
Austria

HOME PAGE: http://www.wu.ac.at/en/complaw/

The Competition Law Hub ( email )

Austria

HOME PAGE: http://www.complawhub.eu

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