Tuesday, March 30, 2021

Sustainability, the Green Deal and Art 101 TFEU: Where We Are and Where We Could Go

Sustainability, the Green Deal and Art 101 TFEU: Where We Are and Where We Could Go

Martin Gassler

Key Points
  • The Green Deal of the Commission has triggered a debate on how competition policy and sustainability work together. EU competition law is often perceived as an obstacle to private sustainability initiatives.

  • Essentially four analytical routes are available for sustainability agreements: (i) out of scope of Art 101 TFEU (Albany); (ii) ancillary regulatory restraint (Wouters); (iii) no restriction of competition; (ii) individual exemption under Art 101(3) TFEU.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/03/sustainability-the-green-deal-and-art-101-tfeu-where-we-are-and-where-we-could-go.html

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