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Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities

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  • Jurgita Malinauskaite
  • Fatih Buğra Erdem

Abstract

Debates have surged in the European Union (EU) on how EU competition policy can best support the European Green Deal. In the theoretical and practical aspects, non‐economic factors in competition law analysis are problematic due to the difficulty in measuring the concrete benefits of trade‐offs. The National Competition Authorities (NCAs) rather than the European Commission (EC) are leading the ‘sustainability in competition law’ debates, which is the focus of this article. Therefore, this study reviews the current status quo of all NCAs' positions concerning sustainability‐related matters by classifying them into four typologies in terms of their willingness to incorporate sustainability in their assessments. It further identifies four emerging NCAs models, which seem to divert from the EC's view. This can be problematic in ensuring the uniform application of competition law.

Suggested Citation

  • Jurgita Malinauskaite & Fatih Buğra Erdem, 2023. "Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities," Journal of Common Market Studies, Wiley Blackwell, vol. 61(5), pages 1211-1234, September.
    • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:5:p:1211-1234
    DOI: 10.1111/jcms.13458
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    References listed on IDEAS

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    1. Anna Gerbrandy, 2019. "Rethinking Competition Law within the European Economic Constitution," Journal of Common Market Studies, Wiley Blackwell, vol. 57(1), pages 127-142, January.
    2. Maarten Pieter Schinkel, 2022. "On Distributive Justice by Antitrust: The Robin Hood Cartel [Antitrust, Competition Policy, and Inequality]," Journal of Competition Law and Economics, Oxford University Press, vol. 18(3), pages 584-612.
    3. Jurgita Malinauskaite & Fatih Buğra Erdem, 2021. "Planned Obsolescence in the Context of a Holistic Legal Sphere and the Circular Economy," Oxford Journal of Legal Studies, Oxford University Press, vol. 41(3), pages 719-749.
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