Greening EU Competition Law and Policy

An innovative, interdisciplinary analysis of the increasingly important relationship between EU environmental and competition law and policy.

Suzanne Kingston (Author)

9781107003026, Cambridge University Press

Hardback, published 27 October 2011

490 pages, 1 b/w illus.
23.5 x 15.5 x 2.5 cm, 0.9 kg

'… an important contribution … timely and should not be missed by anyone whether practitioner or academic working in the area of EU antitrust or State aid.' Common Market Law Review

One of the fundamental challenges currently facing the EU is that of reconciling its economic and environmental policies. Nevertheless, the role of environmental protection in EU competition law and policy has often been overlooked. Recent years have witnessed a shift in environmental regulation from reliance on command and control to an increased use of market-based environmental policy instruments such as environmental taxes, green subsidies, emissions trading and the encouragement of voluntary corporate green initiatives. By bringing the market into environmental policy, such instruments raise a host of issues that competition law must address. This interdisciplinary treatment of the interaction between these key EU policy areas challenges the view that EU competition policy is a special case, insulated from environmental concerns by the overriding efficiency imperative, and puts forward practical proposals for achieving genuine integration.

Introduction
Part I. Should Environmental Goals Play a Role in EU Competition Policy?: 1. Environmental protection in EU competition theory to date
2. The rise of the market in EU environmental policy
3. A legal systematic argument
4. A governance argument
5. An economic argument
Part II. The Role of Environmental Protection in EU Competition Policy in Practice: 6. Definition of an undertaking, market definition and effect on inter-state trade
7. Article 101(1) TFEU
8. Article 101(3) TFEU
9. Article 102 TFEU
10. Merger policy
11. State action and Articles 101 and 102 TFEU
12. State aid
Part III. Conclusions.

Subject Areas: Competition law / Antitrust law [LNCH], International environmental law [LBBP], Law [L], Environmental economics [KCN]