The Twin Transition to a Green and Digital Economy: The Role for EU Competition Law

24 Pages Posted: 11 May 2022

See all articles by Klaudia Majcher

Klaudia Majcher

Vienna University of Economics and Business, Competition Law and Digitalization Group; Vrije Universiteit Brussel, Institute for European Studies

Viktoria H.S.E. Robertson

Vienna University of Economics and Business; University of Graz; The Competition Law Hub

Date Written: May 11, 2022

Abstract

The EU’s economic strategy is currently centered on two key pillars: environmental sustainability and digitalisation. While a range of policies need to be implemented and updated to match the challenges of real-world developments, EU competition law is one area that must play its part in achieving the Union’s ambitious objectives. The aim of this paper is to discuss digital and green competition law, and how the two might interact to more effectively contribute to the EU’s green and digital transition. To this aim, we first review the evolution of the discourses on digital and green competition law, specifically how competition law policy-makers, enforcers, and commentators conceptualised the role of competition law in delivering more digitalised and greener market solutions. Building on this, the paper offers insights into common problems and opportunities that competition law might encounter while transitioning into a law that more aptly responds to these major challenges of our times. This discussion is clustered around four central themes, which explore (i) how to integrate public policy goals (in particular, data protection and environmental sustainability) into competition law, (ii) how to measure non-economic harms and benefits, (iii) when competition law should be more permissive and when prohibitive, and (iv) how competition law could assist in creating a digital and green economy. This latter challenge sits right at the heart of the EU’s transition to a digital and green economy, and could require a careful recalibration of competition policy.

Keywords: EU competition law, digitalisation, environmental sustainability

Suggested Citation

Majcher, Klaudia and Robertson, Viktoria H.S.E., The Twin Transition to a Green and Digital Economy: The Role for EU Competition Law (May 11, 2022). Graz Law Working Paper No. 05-2022, Available at SSRN: https://ssrn.com/abstract=4106485 or http://dx.doi.org/10.2139/ssrn.4106485

Klaudia Majcher (Contact Author)

Vienna University of Economics and Business, Competition Law and Digitalization Group ( email )

Welthandelsplatz 1
Vienna, Wien 1020
Austria

Vrije Universiteit Brussel, Institute for European Studies ( email )

Pleinlaan 2
http://www.vub.ac.be/
Brussels, 1050
Belgium

Viktoria H.S.E. Robertson

Vienna University of Economics and Business ( email )

Welthandelsplatz 1
Vienna, Wien 1020
Austria

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

University of Graz ( email )

Universitätsstraße 15/C4
Graz, 8010
Austria

HOME PAGE: http://unternehmensrecht.uni-graz.at/de/institut/mitarbeiterinnen/robertson/

The Competition Law Hub ( email )

Austria

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

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