Competition Law in an Environmental Crisis

“Acceptable” Cartels at the Crossroads of EU Competition Law and the Common Agricultural Policy: A Legal Inquiry into the Political, Economic, and Social Dimensions of (Strengthening Farmers’) Bargaining Power

“…112 Many commentators have called for a more inclusive EU competition policy that responds to pressing social and environmental aspects of the economy beyond the strict economic logic of price efficiency. 113 In addition, specific legal mechanisms in EU law have been put forward that could guide the balancing of public policy values with those of competition law, such as the proportionality test applied in the free movement rules, 114 the Wouters doctrine concerning inherent restrictions to competition, 115 and the cross-sectional clauses of the Treaty. 116 More radically, and abstractly, a more holistic approach based on the EU's economic constitution has been advanced, founded on "the relation of law to the fundamentals of the economic system," 117 aimed at a certain "ideal of coherence in the organization of public power."…”

Are Soft Legal Measures in Circular Economy Action Plans Enough to Permeate EU Strong Economic Core Regulations Bringing Systemic Sustainable Change?

“…Competition law is the distinctive area of EU law on which the single market is based. However, the Directorate General for Competition and the competition authorities of some Member States (Germany, Czech Republic, France, Sweden) remain 'sceptical' about whether competition law should play a role in promoting sustainability [73,74]; 517]. Meanwhile, consumer associations and companies perceive competition law as a clear barrier to pursuing sustainability objectives through agreements along the value chain or to achieving economies of scale [75]; 144 -5].…”

Block Exemption Regulations and Public Policy: in The Defence of BERS

“…55 Before moving to discuss the role of public policy considerations in the BERs, some introductory remarks must be made about the role of such considerations in Article 101 TFEU enforcement more generally. This topic is subject to a heated debate for many years and was reignited recently upon growing calls to tolerate some anti-competitive agreements that safeguard environmental protection, 60 industrial policy objectives, 61 or workers' rights in the gig-economy. 62 Whereas a detailed account of such discussion goes beyond the scope of this article, it is sufficient to note the following two preliminary observations:…”