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Competition law, climate change & environmental sustainability / edited by Simon Holmes, Dirk Middelschulte, Martijn Snoep ; foreword by Frans Timmermans ; introduction by Suzanne Kingston.

Contributor(s): Material type: TextTextSeries: Concurrences (Series)Publisher: New York, NY : Institute of Competition Law, [2021]Description: xvi, 466 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781939007728
  • 1939007720
Other title:
  • Competition law, climate change and environmental sustainability
Subject(s): DDC classification:
  • 343.0721 23
Contents:
Part I. Legal themes -- How sustainability can be taken into account in every area of competition law / Simon Holmes -- Cooperation -- Sustainable competition policy and the "polluter pays" principle / Maurits Dolmans -- Article 101(3) TFEU : the roadmap for sustainable cooperation / Ella van den Brink and Jordan Ellison -- A new approach to assess certain sustainability agreements under competition law / Theon van Dijk -- Green antitrust : friendly fire in the fight against climate change / Maarten Pieter Schinkel and Leonard Treuren -- Abuse of dominance -- Radical for whom? : unsustainable business practices as abuses of dominance / Marios Iacovides and Christos Vrettos -- Exploring the sustainability of Article 102 / Christopher Thomas -- EU merger control -- Environmental sustainability and EU merger control : EU competition policy's dark horse to support green investment / Nicole Kar, Emma Cochrane and Bella Spring -- Can environmental interests trump an EUMR decision? / Alec Burnside, Marjolein De Backer and Delphine Strohl -- State aid -- State aid and sustainability / James Webber -- The role of state aid in promoting environmental sustainability / Nicole Robins, Anton Burger and Laura Puglisi -- Public procurement -- Environmental and climate sustainability in public procurement / Patrick Thieffry -- Procuring a greener future / Fiona M Beattie -- Part II. Industry perspectives -- Competition policy as an enabler of a sustainable economy : a view across sectors / Dirk Middelschulte -- Automotive and transportation -- Sustainability in the automotive industry, a quest for certainty in troubled times? / Jérôme Cloarec -- Right on track : the legal framework as a locomotive for sustainability in transportation / Benjamin Linke and Udo Woll -- The role of competition law in shaping the future of road transportation / Ian Rose -- Banking and finance -- Competition law as an obstacle for financing a sustainable economy? / Stephan Bredt -- Potential competition concerns as the banking and finance industry responds to climate change / Hugh Mullan, Marc Braithwaite and Rosy Cheetham-West -- Consumer goods -- Competition law and sustainability : an industry perspective / Angélique de Brousse -- Brands, competition and sustainability / Andreas Gayk -- What role does antitrust play in how FMCG companies choose to pursue sustainability goals? / Ben Graham -- Energy -- Abuse of dominant position and sustainability : how to use Article 102 TFEU as a sword to promote sustainability : lessons learnt from DE/DK interconnector / Eleni Diamantopoulou -- Setting the course : removing competition law obstacles to industry sustainability collaborations / Morgan Frontczak -- Food supply chain -- Competition policy for a sustainable food sector : an in-house counsel perspective / Martyn Chu -- An environmentally and socially broken global food system : what role for competition law? / Claudio Lombardi and Tomaso Ferrando -- The footprint of competition : power, value distribution and exploitation in the food supply chain / Michelle Meagher and Simon Roberts -- Industrial products -- How EU antitrust law elevates sustainability, and how not : an in-house practitioner perspective on the relationship between antitrust law and sustainability objectives / Boris Kasten and Hendrik Reffken -- A grey area in green cooperation between competitors : exchanging non-price information within a trade association / Gianni De Stefano -- Agency outlook -- Can competition authorities consider sustainability in their decision-making? / Martijn Snoep -- Australia / Georgina Foster, Grant Murray and Wendy Thian -- European Union / Luc Peeperkorn -- France / Isabelle de Silva -- Greece / Ioannis Lianos -- South Africa / Tembinkosi Bonakele -- United Kingdom / Sandrine Delarue and Mike Walker -- Alternative perspectives -- A sustainable competition policy is a shared responsibility / Martijn Han -- "It ain't necessarily so ..." / Willem Vriesendorp.
Abstract: The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.
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Includes bibliographical references.

Part I. Legal themes -- How sustainability can be taken into account in every area of competition law / Simon Holmes -- Cooperation -- Sustainable competition policy and the "polluter pays" principle / Maurits Dolmans -- Article 101(3) TFEU : the roadmap for sustainable cooperation / Ella van den Brink and Jordan Ellison -- A new approach to assess certain sustainability agreements under competition law / Theon van Dijk -- Green antitrust : friendly fire in the fight against climate change / Maarten Pieter Schinkel and Leonard Treuren -- Abuse of dominance -- Radical for whom? : unsustainable business practices as abuses of dominance / Marios Iacovides and Christos Vrettos -- Exploring the sustainability of Article 102 / Christopher Thomas -- EU merger control -- Environmental sustainability and EU merger control : EU competition policy's dark horse to support green investment / Nicole Kar, Emma Cochrane and Bella Spring -- Can environmental interests trump an EUMR decision? / Alec Burnside, Marjolein De Backer and Delphine Strohl -- State aid -- State aid and sustainability / James Webber -- The role of state aid in promoting environmental sustainability / Nicole Robins, Anton Burger and Laura Puglisi -- Public procurement -- Environmental and climate sustainability in public procurement / Patrick Thieffry -- Procuring a greener future / Fiona M Beattie -- Part II. Industry perspectives -- Competition policy as an enabler of a sustainable economy : a view across sectors / Dirk Middelschulte -- Automotive and transportation -- Sustainability in the automotive industry, a quest for certainty in troubled times? / Jérôme Cloarec -- Right on track : the legal framework as a locomotive for sustainability in transportation / Benjamin Linke and Udo Woll -- The role of competition law in shaping the future of road transportation / Ian Rose -- Banking and finance -- Competition law as an obstacle for financing a sustainable economy? / Stephan Bredt -- Potential competition concerns as the banking and finance industry responds to climate change / Hugh Mullan, Marc Braithwaite and Rosy Cheetham-West -- Consumer goods -- Competition law and sustainability : an industry perspective / Angélique de Brousse -- Brands, competition and sustainability / Andreas Gayk -- What role does antitrust play in how FMCG companies choose to pursue sustainability goals? / Ben Graham -- Energy -- Abuse of dominant position and sustainability : how to use Article 102 TFEU as a sword to promote sustainability : lessons learnt from DE/DK interconnector / Eleni Diamantopoulou -- Setting the course : removing competition law obstacles to industry sustainability collaborations / Morgan Frontczak -- Food supply chain -- Competition policy for a sustainable food sector : an in-house counsel perspective / Martyn Chu -- An environmentally and socially broken global food system : what role for competition law? / Claudio Lombardi and Tomaso Ferrando -- The footprint of competition : power, value distribution and exploitation in the food supply chain / Michelle Meagher and Simon Roberts -- Industrial products -- How EU antitrust law elevates sustainability, and how not : an in-house practitioner perspective on the relationship between antitrust law and sustainability objectives / Boris Kasten and Hendrik Reffken -- A grey area in green cooperation between competitors : exchanging non-price information within a trade association / Gianni De Stefano -- Agency outlook -- Can competition authorities consider sustainability in their decision-making? / Martijn Snoep -- Australia / Georgina Foster, Grant Murray and Wendy Thian -- European Union / Luc Peeperkorn -- France / Isabelle de Silva -- Greece / Ioannis Lianos -- South Africa / Tembinkosi Bonakele -- United Kingdom / Sandrine Delarue and Mike Walker -- Alternative perspectives -- A sustainable competition policy is a shared responsibility / Martijn Han -- "It ain't necessarily so ..." / Willem Vriesendorp.

The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.

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