Competition Law and Environmental Protection in Europe

Competition Law and Environmental Protection in Europe
Title Competition Law and Environmental Protection in Europe PDF eBook
Author Hans Vedder
Publisher Europa Law Publishing
Pages 486
Release 2003
Genre Antitrust law
ISBN 9789076871943

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Article 6 of the EC Treaty requires an integration of environmental protection requirements into the European Community's policies. As a result environmental concerns must also be integrated into Community competition law and policy. Taking Article 6 EC as a starting point, this book begins with the construction of a model of integration. This model requires that environmental concerns are awarded a role that will ultimately result in the internalisation of environmental concerns and therefore lead to a mutually reinforcing relation between competition and environmental protection. After an examination of Articles 81, 82, 86 and 87 of the EC Treaty, the useful effect doctrine (Article 10 in connection with 81 EC) and the Merger Regulation as well as the application of these competition rules in cases that involve environmental protection concerns, some conclusions are drawn with regard to the integration of environmental protection requirements and EC competition law. These conclusions are followed by a comparative legal research in which their validity is tested. On the basis of these findings it is concluded that the model of integration is being applied in parts of EC competition law. In those areas, competition policy towards environmental restrictions of competition actually increases the chances of a competition for the environment coming about. This, it is submitted, is an important step in the direction of achieving sustainable development. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher at the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law at the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.

Competition Law, Climate Change & Environmental Sustainability

Competition Law, Climate Change & Environmental Sustainability
Title Competition Law, Climate Change & Environmental Sustainability PDF eBook
Author Simon Holmes
Publisher
Pages 466
Release 2021
Genre Antitrust law
ISBN 9781939007728

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The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.

Environmental Integration in Competition and Free-Movement Laws

Environmental Integration in Competition and Free-Movement Laws
Title Environmental Integration in Competition and Free-Movement Laws PDF eBook
Author Julian Nowag
Publisher Oxford University Press
Pages 390
Release 2016-11-17
Genre Law
ISBN 0191068306

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Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.

Greening EU Competition Law and Policy

Greening EU Competition Law and Policy
Title Greening EU Competition Law and Policy PDF eBook
Author Suzanne Kingston
Publisher Cambridge University Press
Pages
Release 2011-10-27
Genre Law
ISBN 1139502786

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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.

Global Competition and EU Environmental Policy

Global Competition and EU Environmental Policy
Title Global Competition and EU Environmental Policy PDF eBook
Author Jonathan Golub
Publisher Routledge
Pages 174
Release 1998-03-19
Genre Science
ISBN 1134729502

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Global Competition and EU Environmental Policy is the first book to examine the relationship between economic competitiveness and environmental protection in European Union policy.A wide range of international case studies addresses key agreements and policies, including those dealing with ozone layer protection, pesticide exports, shipping climate

Ringing the Changes in Europe

Ringing the Changes in Europe
Title Ringing the Changes in Europe PDF eBook
Author Adrienne Héritier
Publisher Walter de Gruyter
Pages 381
Release 2011-07-22
Genre Social Science
ISBN 3110886928

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The Greening of European Business under EU Law

The Greening of European Business under EU Law
Title The Greening of European Business under EU Law PDF eBook
Author Beate Sjåfjell
Publisher Routledge
Pages 220
Release 2014-11-13
Genre Law
ISBN 1317664728

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The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.