Research Handbook on Sustainability and Competition Law

Hardback

Research Handbook on Sustainability and Competition Law

9781802204650 Edward Elgar Publishing
Edited by Julian Nowag, Associate Professor, Faculty of Law, University of Hong Kong, Hong Kong, Associate Professor, Law Faculty, Lund University, Sweden and Associate, CCLP, Oxford University, UK
Publication Date: July 2024 ISBN: 978 1 80220 465 0 Extent: c 588 pp
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.

This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes.

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Contents
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This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability.

A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes. The Research Handbook presents a detailed overview of various policy questions surrounding sustainability and antitrust law – considering their economic, legal, and institutional aspects – and includes diverse jurisdictional perspectives which highlight the many nuances in this increasingly relevant interface.

The Research Handbook on Sustainability and Competition Law is an essential resource for academics, researchers, and students of competition and antitrust law and environmental law. Its in-depth exploration of economic analysis, policy perspectives, and different legal avenues also make it an invaluable resource for legal professionals, policymakers, and government officials.
Critical Acclaim
‘Antitrust economics and policy cannot ignore the market and regulatory failures that caused the climate and biodiversity crises. This comprehensive, excellent, and insightful book discusses the issues in-depth. It is a must-read for anyone who wants to understand how antitrust law has adapted and will continue to evolve to address sustainability.’
– Maurits Dolmans, Cleary Gottlieb Steen & Hamilton LLP, London and Brussels
Contents
Contents

1 State of the art in sustainability and competition matters: an introduction 1
Julian Nowag

PART I SUSTAINABILITY: AN INTRODUCTION FOR
COMPETITION PEOPLE
2 Environmental sustainability 12
Torsten Krause
3 Social sustainability 32
Torsten Krause

PART II THE ECONOMICS OF SUSTAINABILITY AND COMPETITION
4 The potential and limitations of competition to achieve sustainability 50
Leonard Treuren
5 Fishery management: a monopolist to the rescue? 69
Hirotsugu Uchida and Dale Manning
6 Consensus-based sustainability standards and competitive advantage –
coopetition on multiple levels 87
Magnus Johansson
7 The economics of sustainability cooperation 104
Christopher Dirzka
8 Pre-distribution versus re-distribution: why competition law is much
more than a tool to alleviate poverty 121
Amit Zac

PART III SUSTAINABILITY AND COMPETITION: LAW,
ECONOMICS, AND POLICY
9 Competition and sustainability in EU law: nearer resolution of the old debate? 140
Suzanne Kingston
10 Addressing sustainability failures in economics and competition law:
environmental externalities, consumers and quantification 154
Max Hjärtström
11 Merger control for green innovation 176
Ruben Maximiano and Cristina Volpin
12 The twin transition to a green and digital economy: the role for EU
competition law 194
Klaudia Majcher and Viktoria H.S.E. Robertson
13 Why the case for a sustainable competition law is exaggerated 211
Cento Veljanovski
14 Pro-enforcement perspectives on competition law and sustainability 235
Johannes Persch
15 Implementing a sustainability agenda in competition law and policy 249
Giorgio Monti

PART IV NON-COMPETITION LAW TOOLS TO ACHIEVE SUSTAINABILITY?
16 What tax law can and cannot do for sustainability with a focus on
environmental sustainability in the EU context 265
Mariya Senyk
17 To take to sea in a sieve: environmental law and competition 284
Hans Vedder
18 The limits of consumer law in pursuing sustainability 302
Felix Pflücke
19 Social rights and social sustainability: can social law promote
intergenerational justice? 320
Toomas Kotkas

PART V SUSTAINABILITY AND COMPETITION: VIEWS FROM
DIFFERENT JURISDICTIONS
20 Cartels harming sustainability (and those that don’t) in Europe 337
Simon Holmes
21 Unilateral conduct and sustainability under EU competition law 352
Marios Iacovides and Valentin Mauboussin
22 Making sustainability visible: a new framework and operationalisation
tests for merger control 375
Elias Deutscher and Stavros Makris
23 European competition law: measuring sustainability benefits under
Article 101(3) TFEU 412
Eva van der Zee
24 Sustainability and competition in the UK 426
Nicole Kar and Emma Cochrane
25 Sustainability and competition in Eastern and Southern Africa 457
Reena Das Nair and Simon Roberts
26 Australia: sustainability as a public benefit to be weighed against the
anti-competitive detriments of competitor collaborations 480
Georgina Foster
27 Competition policy, poverty, inequality: the Philippine experience 500
Leni Papa and Raya Teston
28 Environmental sustainability and competition in Latin American jurisdictions 518
Juan David Gutiérrez and Sebastián Solarte-Caicedo
29 Sustainability and antitrust – what to expect from the US 535
Max Huffman and Jack Parke
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