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‘Competition law’s sustainability gap? Tools for an Examination and a Brief Overview’

Nowag, Julian LU (2022) In Nordic Journal of European Law 2022(1). p.149-165
Abstract
The aim of this paper is two-fold. First, the paper aims to provide tools for a structured examination of competition law’s perceived inability to address sustainability. The EU framework is chosen as a case study since EU competition law is embedded in the EU’s constitutional framework. As a result, EU competition law is subject to the requirement of Article 11 TFEU and 39 of the Charter of Fundamental Rights. Article 11 mandates that ‘environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable
development.’ The paper provides tools for a closer examination of this required integration. The second aim of this... (More)
The aim of this paper is two-fold. First, the paper aims to provide tools for a structured examination of competition law’s perceived inability to address sustainability. The EU framework is chosen as a case study since EU competition law is embedded in the EU’s constitutional framework. As a result, EU competition law is subject to the requirement of Article 11 TFEU and 39 of the Charter of Fundamental Rights. Article 11 mandates that ‘environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable
development.’ The paper provides tools for a closer examination of this required integration. The second aim of this paper is modest. It aims to provide the reader with a brief overview of the perceived gap. While some gaps remain, the paper shows that EU competition law has developed tools that can be used to foster sustainability in a competition law context. As these tools are often not EU specific they could equally inspire other jurisdictions. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU law, EU-rätt
in
Nordic Journal of European Law
volume
2022
issue
1
pages
149 - 165
ISSN
2003-1785
language
English
LU publication?
yes
id
c4e4b52f-6a68-4517-9a50-37ea9cbb34f1
alternative location
https://journals.lub.lu.se/njel/article/view/24504
date added to LUP
2023-03-01 16:24:20
date last changed
2023-03-06 14:17:54
@article{c4e4b52f-6a68-4517-9a50-37ea9cbb34f1,
  abstract     = {{The aim of this paper is two-fold. First, the paper aims to provide tools for a structured examination of competition law’s perceived inability to address sustainability. The EU framework is chosen as a case study since EU competition law is embedded in the EU’s constitutional framework. As a result, EU competition law is subject to the requirement of Article 11 TFEU and 39 of the Charter of Fundamental Rights. Article 11 mandates that ‘environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable<br/>development.’ The paper provides tools for a closer examination of this required integration. The second aim of this paper is modest. It aims to provide the reader with a brief overview of the perceived gap. While some gaps remain, the paper shows that EU competition law has developed tools that can be used to foster sustainability in a competition law context. As these tools are often not EU specific they could equally inspire other jurisdictions.}},
  author       = {{Nowag, Julian}},
  issn         = {{2003-1785}},
  keywords     = {{EU law; EU-rätt}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{149--165}},
  series       = {{Nordic Journal of European Law}},
  title        = {{‘Competition law’s sustainability gap? Tools for an Examination and a Brief Overview’}},
  url          = {{https://journals.lub.lu.se/njel/article/view/24504}},
  volume       = {{2022}},
  year         = {{2022}},
}