Getting Consumer Welfare Right: the competition law implications of market-driven sustainability initiatives

Kevin Coates and Dirk Middelschulte

European Competition Journal, 2019, vol. 15, issue 2-3, 318-326

Abstract: The global business community is embracing sustainability, actively seeking to develop collective initiatives to reinvigorate the legitimacy of our global market-based economy. Beyond regulatory initiatives – which will always be geographically limited in scope – international cooperation among industry peers can significantly contribute to, and be an absolutely fundamental precondition for, the attainment of the United Nations Sustainable Development Goals (“SDGs”). Competition laws have often been perceived as an obstacle for competitors to cooperate in order to scale-up their contribution to deliver on the SDGs. However, this situation seems to be evolving. This article discusses how Art. 101(3) TFEU should be applied to joint sustainability initiatives, especially when looked at in the context of the overall EU Treaty structure and the fundamental objectives of the EU, and concludes that sustainability goals can be properly taken into account under Article 101(3).

Date: 2019
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DOI: 10.1080/17441056.2019.1665940

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