Beyond Balancing: Sustainability and Competition

(2020) 4 Concurrences - On-Topic, 34-39

11 Pages Posted: 9 Feb 2022

See all articles by Julian Nowag

Julian Nowag

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

Alexandra Teorell

affiliation not provided to SSRN

Date Written: October 28, 2020


This paper explores ways for EU competition law, and in particular Article 101, to comply with the obligation of Article 11 TFEU which demands the integration of sustainablity considerations. It highlights that while the main debate often concerns the balancing between sustainability and competition other important elements may be overlooked. This paper outlines and briefly accounts for such alternatives in EU competition law that do not require a form of balancing by the competent competition authority or court.
The paper first highlights questions of balancing and other forms of ensuring compliance of competition law with Article 11 TFEU. Then, it outlines a number of options that allow companies to comply with competition law without the need for balancing. These different options are sorted by the level of flexibility offered. It first explores options that offer less room to manoeuvre then it examines those that offer more flexibility and some that seem to push the limits of traditional competition law though innovative business models.

Keywords: EU competition law. sustainablity, balancing, scope, Article 101 TFEU, agreements, integration

Suggested Citation

Nowag, Julian and Teorell, Alexandra, Beyond Balancing: Sustainability and Competition (October 28, 2020). (2020) 4 Concurrences - On-Topic, 34-39 , Available at SSRN:

Julian Nowag (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22

Oxford Centre for Competition Law and Policy ( email )

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

Alexandra Teorell

affiliation not provided to SSRN

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