ESG: The Corporate and Antitrust Puzzle

Marco Corradi and Julian Nowag

Chapter 6 in Research Handbook on Competition and Corporate Law, 2025, pp 104-126 from Edward Elgar Publishing

Abstract: This chapter examines the integration of ESG (environmental, social, and governance) concerns into corporate and competition law. Corporate law focuses on internal activities and may be directed towards ESG benefits, while competition law governs external market behavior and may impose limitations. The chapter explores how ESG considerations influence both areas and the challenges of their interaction. It argues for softer, flexible regulatory approaches over harder ones to avoid disrupting the liberal economic framework. However, even soft entries need careful monitoring, assessment, and coordination to ensure ESG-related changes in one area are not undermined by the other. The analysis suggests that a more coordinated approach to integrating ESG policies within corporate and competition law is needed.

Keywords: ESG; Corporate Law; Competition Law; Corporate Governance; Regulatory Interaction; Sustainability Policies (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803920542
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