Competition law
Nowag, Julian LU
and Cheng, Thomas K
(2026)
p.359-376
- Abstract
- This chapter examines the intersection of antitrust/competition law and climate change. It aims to strike a balance between antitrust purists, who emphasise economic efficiency and consumer welfare, and climate advocates, who underscore the profound challenges confronting humanity. It argues that antitrust’s consumer welfare standard can be adapted to accommodate climate change sustainability concerns without sacrificing its core principles. The chapter examines the legal frameworks in the EU and the US and focuses on antitrust enforcement against cartels and other forms of anti-competitive collective action. It shows how antitrust enforcement can support climate objectives and how action against cartels can contribute to advancing climate... (More)
- This chapter examines the intersection of antitrust/competition law and climate change. It aims to strike a balance between antitrust purists, who emphasise economic efficiency and consumer welfare, and climate advocates, who underscore the profound challenges confronting humanity. It argues that antitrust’s consumer welfare standard can be adapted to accommodate climate change sustainability concerns without sacrificing its core principles. The chapter examines the legal frameworks in the EU and the US and focuses on antitrust enforcement against cartels and other forms of anti-competitive collective action. It shows how antitrust enforcement can support climate objectives and how action against cartels can contribute to advancing climate goals. The chapter then examines collaborative private initiatives designed to tackle climate change, emphasising that many such joint actions may not fall within the purview of antitrust prohibitions. Additionally, it explores how climate-focused standard-setting can generate procompetitive benefits and is often treated more favourably under antitrust law. Lastly, it addresses the vexed question of agreements that restrict competition and how climate benefits could be balanced under Article 101(3) of the Treaty on the Functioning of European Union (TFEU) or the US’s Rule of Reason without sacrificing the consumer welfare standard. Overall, the chapter advocates for a nuanced approach that reconciles antitrust enforcement with climate change efforts, recognising that addressing climate change is too critical a matter to ignore in competition law. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/e5d1fc92-3896-42b0-8498-e619ee7d4708
- author
- Nowag, Julian
LU
and Cheng, Thomas K
- organization
- publishing date
- 2026
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Environmental law, Miljörätt
- host publication
- The Oxford Handbook of Climate Change and Private Law
- pages
- 18 pages
- publisher
- Oxford University Press
- ISBN
- 9780197809198
- 9780197809167
- DOI
- 10.1093/9780197809198.003.0021
- language
- English
- LU publication?
- yes
- id
- e5d1fc92-3896-42b0-8498-e619ee7d4708
- date added to LUP
- 2026-09-29 16:05:54
- date last changed
- 2026-10-01 02:48:46
@inbook{e5d1fc92-3896-42b0-8498-e619ee7d4708,
abstract = {{This chapter examines the intersection of antitrust/competition law and climate change. It aims to strike a balance between antitrust purists, who emphasise economic efficiency and consumer welfare, and climate advocates, who underscore the profound challenges confronting humanity. It argues that antitrust’s consumer welfare standard can be adapted to accommodate climate change sustainability concerns without sacrificing its core principles. The chapter examines the legal frameworks in the EU and the US and focuses on antitrust enforcement against cartels and other forms of anti-competitive collective action. It shows how antitrust enforcement can support climate objectives and how action against cartels can contribute to advancing climate goals. The chapter then examines collaborative private initiatives designed to tackle climate change, emphasising that many such joint actions may not fall within the purview of antitrust prohibitions. Additionally, it explores how climate-focused standard-setting can generate procompetitive benefits and is often treated more favourably under antitrust law. Lastly, it addresses the vexed question of agreements that restrict competition and how climate benefits could be balanced under Article 101(3) of the Treaty on the Functioning of European Union (TFEU) or the US’s Rule of Reason without sacrificing the consumer welfare standard. Overall, the chapter advocates for a nuanced approach that reconciles antitrust enforcement with climate change efforts, recognising that addressing climate change is too critical a matter to ignore in competition law.}},
author = {{Nowag, Julian and Cheng, Thomas K}},
booktitle = {{The Oxford Handbook of Climate Change and Private Law}},
isbn = {{9780197809198}},
keywords = {{Environmental law; Miljörätt}},
language = {{eng}},
pages = {{359--376}},
publisher = {{Oxford University Press}},
title = {{Competition law}},
url = {{http://dx.doi.org/10.1093/9780197809198.003.0021}},
doi = {{10.1093/9780197809198.003.0021}},
year = {{2026}},
}