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

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

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

University of Graz; Vienna University of Economics and Business

Abstract

The European Union intends to transition to a digital and green economy, an ambitious endeavour which must be supported by all of its policies and actions. This includes competition law as a central pillar of the European economic constitution. While ‘digital competition law’ and ‘green competition law’ do not share many traits at first sight, upon closer inspection it becomes clear that their insistence on ‘non-economic’ goals defies some of the more established logic of EU competition law and requires a new outlook that reconciles their individual paths. Starting from the constitutional standing of the (quasi-)foundational values of data protection and environmental sustainability, the paper analyses how – on a more theoretical and on a more practical level – EU competition law could include these values into its assessments.