Sell Green Downstream – Sustainable Dual Pricing and Competition Law

Concurrences Journal, 2023

12 Pages Posted: 24 Jan 2023

See all articles by Peter Georg Picht

Peter Georg Picht

University of Zurich - Institute of Law

Date Written: January 21, 2023


Recent literature has made a strong case for why sustainability considerations should play a larger role in competition law. Competition authorities’ rulemaking has already followed suit in certain instances. At the same time, this development encounters critique which deserves to be taken seriously. On a fundamental level, the – necessary – debate will continue. However, even regarding the existential question of how our societies and economies manage to become more sustainable, the devil can be in the detail. To what extent should competition law pursue a more sustainable approach (MSA) in a particular setting; do current, detailed rules in secondary and tertiary EU law already allow for such an approach in their respective fields of application; where does a MSA require adjustments to them? These questions require granular analysis of individual settings and practices. This contribution assesses such an individual setting, namely online/offline wholesale price differentiation in vertical distribution.

Keywords: sustainability, more sustainable approach, dual pricing, vertical block exemption regulation, online sales, Art. 101 TFEU, guidance letter notice

JEL Classification: K21

Suggested Citation

Picht, Peter Georg, Sell Green Downstream – Sustainable Dual Pricing and Competition Law (January 21, 2023). Concurrences Journal, 2023 , Available at SSRN: or

Peter Georg Picht (Contact Author)

University of Zurich - Institute of Law ( email )

Raemistrasse 74/57
Zurich, CH-8001

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