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EU competition law has a sustainability gap, particularly when it comes to enforcing Article 102 TFEU as a ‘sword’ to prohibit dominant undertakings’ unsustainable conduct. In this article, we ask whether EU competition law can and should be part of a holistic EU solution to the climate crisis and how it can contribute to ensuring that our social, economic, and ecological systems are not entrenched into further perpetuating and mutually reinforcing crises. By using EU constitutional theories of ‘mainstreaming’, we argue for the inclusion of environmental and social sustainability goals in those that are pursued by EU competition law. With research that cuts across law and socioecological studies, we offer an original and unique perspective that identifies a relation between market power and business practices that harm people and planet. We do this by demonstrating empirically that undertakings that have in the past been found to be dominant, also engage in unsustainable business practices. This relation is significant, as it demonstrates that addressing unsustainable business practices through Article 102 TFEU is not only a theoretical possibility mandated by EU constitutional law. It is a real opportunity to address environmental and social injustices and thereby contribute to tackling the most important existential threat facing humanity, climate change.

For any field of law, the goal it was designed to achieve permeates every aspect of its application and interpretation. This is particularly true when the black letter of the law is cryptic and silent on most aspects of how it should be interpreted and applied, as is the case with competition law, which for the most part revolves around a small number of highly abstract provisions. It is only natural then that ample scholarly work has been devoted to identifying the goals and purposes of competition law. By and large these attempts have been textual, historical, and teleological. We introduce here instead a quantitative analysis of the case law and present the results of the first empirical study into the goals and purposes of EU competition law as they emerge from the entirety of the case law of the European Court of Justice, opinions of the Advocate Generals, Commission decisions, and speeches of Commissioners for Competition. This body of almost 4,000 sources paints a comprehensive picture of the underlying goals of EU competition law, and helps conclusively confirm some previous insights while debunking others, thereby helping to advance the present application and future evolution of competition law.

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