I. Introduction
We face a ‘climate emergency’ in which ‘business as usual’ is not an option and in which a rapid move to more sustainable development is vital.
Tragically, fear of competition law is often perceived to be an obstacle to much needed collaboration between companies that aim to promote such sustainable development.
Need this be the case.
This article .
II. Climate Change: The Moral Imperative
It is increasingly accepted that we face a ‘climate emergency’ and that ‘business as usual’ is not an option.
I am not going to go into the science and evidence for this but simply take this as a fact and the starting point for my analysis of its implications for competition law.1What has this got to do with competition law.
Well, very little and a.
III. My Approach
My primary goal in this article is to look at what can and must be done within the context of EU law as it is.
What do I mean by that.
First, it means I am not looking at how the treaties should be changed in the light of the climate emergency or sustainability concerns (although this is something that merits urgent attention).
Secondly, I am going.
IX. Some Conclusions and Proposals For Action
On the basis of the treaties, the current narrow approach to competition law is certainly not inevitable and is, in many respects, illegal.
Even more importantly, it is an approach that can often be damaging from an environmental and sustainability perspective and, in particular, it is holding back vital initiatives to combat climate change.
In oth.
VI. Abuse of Dominance
I will deal more briefly with Article 102 TFEU which concerns the abuse of a dominant position (usually by large companies) as it is less central to the day-to-day tension between competition law and climate change (at least under the current competition law framework).75Nevertheless, there are circumstances where it may be possible to use Article .
VII. Mergers
In this section, I will consider how sustainability and climate change issues can, and should, be taken into account in the assessment of mergers.
I would suggest there are ‘five options’ under the European system of merger control:.
1) In the substantive assessment of the merger under Article 2 of the EUMR;96.
2) When considering ‘efficiencies’ unde.
VIII. Is It All Too Difficult?
It is sometimes suggested that it is too difficult to take into account wider issues than narrow short-term effects (or dynamic effects looking primarily at price) and that competition authorities are ill-equipped to do this.
The answer to this is many fold.
1) First, we have to apply the law as set out in the treaties.
If that is difficult, so be .
