Competition and Sustainability

Hardback

Competition and Sustainability

Economic Policy and Options for Reform in Antitrust and Competition Law

9781035325382 Edward Elgar Publishing
Justus Haucap, Director, DICE, Düsseldorf Institute for Competition Economics, Rupprecht Podszun, Director, Institute for Competition Law, Tristan Rohner, Postdoc and Anja Rösner, Postdoc, DICE, Düsseldorf Institute for Competition Economics, Heinrich-Heine-Universität Düsseldorf, Germany
Publication Date: April 2024 ISBN: 978 1 03532 538 2 Extent: c 256 pp
Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.

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Critical Acclaim
Contributors
Contents
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Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.

How can concerns over climate change, the supply chain, or animal welfare be integrated into antitrust? What can competition agencies do to help transform the market economy to a more sustainable one? Renowned experts in competition economics, law and sustainability answer these questions, and in doing so dissect issues such as cartels, exemptions, monopolisation, the environmental, social, and governance transformation, and merger control. Problems with government intervention in markets, quantification, and the danger of greenwashing are confronted with a thorough examination of the options for policy reform.

This indispensable book tackles the transformation to the sustainable market economy with competition at its core. It will prove useful to academics in the fields of competition and antitrust law, corporate law and governance, European law, environmental law, and political economy, as well as policymakers and practitioners working in legal and economic fields.
Critical Acclaim
‘This insightful book is a great addition to the flourishing literature on competition and sustainability. The authors add significant value to the debate by having a clear policy focus, exploring advantages and disadvantages of different possible approaches to policy change and surveying themes that have not been systematically researched, such as competition procedure and sanctions and the risks of greenwashing.’
– Marios Iacovides, Uppsala University and the Royal Swedish Academy of Letters, Sweden

‘This book is a very rich and insightful addition to the existing literature on the relationship between competition and sustainability. It is based on the premise that the necessary transformation of the economy to achieve sustainability goals is possible using the power of competition. The authors provide an elaborate list of policy and enforcement options to make this happen, not only in the field of agreements, but also abuse of dominance and mergers. The book provides a comprehensive and accessible overview for those who are new to this area of law and sharpens the mind of the experienced reader, whether in academia, private practice, policy making or enforcement.’
– Martijn Snoep, Authority for Consumers and Markets, the Netherlands

‘This book explores a wide range of ideas and policy options regarding the relationship between sustainability and competition policy. One doesn’t need to agree with them all to welcome this addition to the literature. Questions tackled include; How much can be done within the existing framework? How much does this need to change? Should we focus sharply on environmental sustainability/ climate change or on wider sustainable development goals? Some ideas are music to my ears, notably that in a social- ecological market economy the handling of the planet, of other people, or of flora & fauna, can be factors relevant to competition.’
– Simon Holmes, Oxford University, UK
Contributors
Contributors include: Rüdiger Hahn, Justus Haucap, Charlotte Kreuter-Kirchhof, Alexandra May, Philipp Offergeld, Rupprecht Podszun, Anja Rösner, Tristan Rohner
Contents
Contents:
Preface
PART I BASICS: THE RELATIONSHIP BETWEEN
COMPETITION AND SUSTAINABILITY
1 Competition and sustainability: an introduction
2 Economic justification of further developments in
competition law
3 Patterns of antitrust reform options
PART II POLICY OPTIONS FOR A BETTER
INTEGRATION OF SUSTAINABILITY: STATUS
QUO AND POSSIBLE DEVELOPMENTS IN
COMPETITION LAW
4 Scope of application of competition law
5 Prohibition of restrictive business practices
6 Exemption
Philipp Offergeld
7 Abuse of dominance
8 Merger control
9 Procedure and sanctions
PART III OVERARCHING ISSUES
10 Definition of sustainability goals
Charlotte Kreuter-Kirchhof and Rüdiger Hahn
vi Competition and sustainability
11 Government intervention in markets
12 Economic assessment and quantification
13 The legitimacy problem and its resolution
Charlotte Kreuter-Kirchhof
14 The danger of greenwashing
Rüdiger Hahn and Alexandra May
15 Competition and sustainability: concluding remarks
Annex: Brief description of all options
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