Holmes, Simon; Snoep, Martijn; Middelschulte, Dirk; Ahmad, Sonia

Competition Law, Climate Change & Environmental Sustainability

Simon Holmes, Dirk Middelschulte, Martijn Snoep

KEYWORDS

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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.

Foreword by Frans Timmermans

Introduction by Suzanne Kingston.

With contributions from Fiona Beattie, Marc Braithwaite, Stephane Bredt, Anton Burger, Alec Burnside, Rosy Cheetham-West, Martyn Chu, Jerome Cloarec, Emma Cochrane, Marjolein De Backer, Angélique de Brousse, Isabelle De Silva, Gianni De Stefano, Sandrine Delarue, Eleni Diamantopoulou, Maurits Dolmans, Jordan Ellison, Tomaso Ferrando, Georgina Foster, Morgan Frontczak, Andreas Gayk, Ben Graham, Martijn Han, Marios Iacovides, Nicole Kar, Boris Kasten, Ioannis Lianos, Benjamin Linke, Claudio Lombardi, Michelle Meagher, Hugh Mullan, Grant Murray, Luc Peeperkorn, Laura Puglisi, Hendrik Reffken, Simon Roberts, Nicole Robins, Ian Rose, Maarten-Pieter Schinkel, Bella Spring, Delphine Strohl, Wendy Thian, Patrick Thieffry, Christopher Thomas, Leonard Treuren, Ella Van Der Brink, Theon Van Dijk, Chris Vrettos, Willem Vriesendorp, Mike Walker, James Webber, and Udo Woll.

Read the Introduction and Discover the Table of Contents

Discover the book launch webinar "Competition Policy & the EU Green Deal" held on 19 April, 2021.

Testimonials

Jenny Huang
Tencent (Beijing)

China 1 contribution 1770 visits

This book is a pioneer in the relationship between antitrust law and environmental sustainability which is an inspiring topic. The wide variety of the perspectives and the diversity of the contributing authors add to its value, and make it a useful reference for practitioners.
Pablo Trevisán
Instituto de Derecho de la Competencia

5 contributions 12301 visits

This book makes a significant and innovative contribution to the vigorous ongoing debate on the proper role of environmental sustainability in contemporary competition law and policy. Whatever opinion one adopts on these issues, the series of works included in this book, shed light to a better understanding of all the aspects involved on this debate. Kudos to the editors of this timely contribution.
Michael Otto
Otto Group (Hamburg)

Germany

Companies across industries are determined to live up to their environmental and social responsibility. Co-operation between peers will be decisive to make it happen. This volume couldn’t be more timely in illustrating the important role competition law should play in a process of critical industry transition.
Cani Fernández
Spanish Competition Authority (CNMC) (Madrid)

Spain 15 contributions 18674 visits

Sustainability (not only environmental, but also economic and social) is a priority objective on the public agenda for the coming years and requires commitment and adaptation of all public policies, including competition policy.
Thierry Vanlancker
AkzoNobel (Amsterdam)

Netherlands

Our collective sustainability challenge urges industry players, policy makers and regulators to work toward a common goal. This book addresses many of the policy issues we must address – and explores what is possible and what isn’t when collaborating on sustainability topics.
Andrea Coscelli
Keystone Strategy (London)

United Kingdom 4 contributions 13009 visits

Climate change is such a central challenge for humanity that practitioners in all fields of policy must ask what part they should play. This timely collection of essays from many leaders in their fields constitutes a rich addition to the ongoing discussion of the proper role for competition policy in meeting this challenge.
Andreas Mundt
German Competition Authority (Bonn)

France 32 contributions 61889 visits

"Competition Law, Climate Change & Environmental Sustainability” addresses very topical questions which demand urgent answers. The issues at stake affect us all and together we need to find proper solutions. The book makes a remarkable contribution in this regard.
Teresa Moreira
UNCTAD (Geneva)

Switzerland 3 contributions 3032 visits

Competition law and policy can support other public policies and contribute to the achievement of their goals. Now more than ever, competition law and policy should have an active role in the green and inclusive economic recovery, encouraging sustainability in a transparent manner and providing clear guidance for businesses. This book may be ground breaking in that sense.
Alan Jope
Unilever

Netherlands

Purpose-led business models are rooted in the idea of healthy competition between players. However, system change to protect our planet and to build a more equitable society will also require partnerships and cooperation across sectors and within industries. This innovative book provides rich inspiration for policymakers when defining the important role of competition law in achieving a more sustainable economy.
Peter Roth
Competition Appeal Tribunal (London)

United Kingdom 7 contributions 11200 visits

A valuable and timely collection of essays, addressing from a variety of angles one of the most important issues confronting competition law. This book deserves wide attention from policy-makers, practitioners and academics.
Jolling de Pree
De Brauw Blackstone Westbroek (Amsterdam)

Netherlands 1 contribution 1277 visits

Not so long ago competition rules were invoked to prevent the Dutch Chicken of Tomorrow initiative. This book shows that today competition rules no longer have to stand in the way of collaboration between competitors to promote environmental sustainability. It provides a comprehensive overview of the complex issues that have so far arisen and gives innovative suggestions on how competition policy can be further shaped to support future sustainability initiatives. It is a must-have for competition practitioners who do not want to miss out on these important developments.
Gabriella Muscolo
Franzosi Dal Negro Setti with Muscolo (Milan)

Italy 17 contributions 53752 visits

Climate change has long been at the centre of international debate, both in politics and economics. However, it’s only recently that environmental sustainability has entered the discourse on competition policies. The editors of this volume have been pioneers in the field. A number of outstanding authors address the issues related to sustainable competition from various perspectives. As a public - and former private - enforcer, let me focus on the part of the book that analyses how sustainability can enter the decision-making process. Martijn Snoep and all the contributors underline how decision-makers may find themselves in a situation in which they are called to rethink the traditional consumer welfare standard.
Julian Nowag
Lund University

Sweden 6 contributions 6492 visits

A highly interesting and timely book edited by an illustrious group of leading practitioners in the field. A book that cannot be missed by anyone who is interested in the debate about what EU competition law can and should do in the face of the climate crisis.
Yves Chapot
Michelin

Competition, in markets as in racing tracks, has been at the core of Michelin’s values since its foundation over 130 years ago. But the playing field is larger than ever: performance is also about the People and the Planet. As a society, we have collectively set ambitious goals. Now it is about delivering. Multiple co-operations, both within and beyond sectors, will be essential to success. We welcome this book which shares that spirit, and which should help stakeholders co-construct standards of competition law as an efficient tool for sustainability.
Ariel Ezrachi
University of Oxford - Centre for Competition Law and Policy

United Kingdom 15 contributions 35083 visits

This excellent book brings together leading contributors to discuss the challenges and opportunities associated with competition law enforcement and sustainability. An impactful collection that should be read by anyone who is interested in competition enforcement and the future of our planet.
Richard Whish
King’s College (London)

United Kingdom 35 contributions 126351 visits

Many congratulations to all concerned - and to the editors in particular - for putting this wonderful series of essays together on one of the most pressing issues of contemporary competition policy: the contribution that competition law can make to sustainable development. The book is superbly structured and will be indispensable for anyone wishing to engage with this most important of subjects.
Frank Elderson
European Central Bank (Frankfurt)

Germany

In recent years, policymakers and regulators worldwide have acknowledged that climate change and environmental sustainability is a vital challenge cutting across many policy fields. This book provides a rich and unique perspective from competition law and policy practice.
Eleanor M. Fox
NYU School of Law (New York)

United States 30 contributions 58010 visits

Just as sustainability has become one of the most defining issues of our time, Competition Law, Climate Change and Environmental Sustainability comes on the market. This is an excellent collection of essays by experts and deep-thinkers, including agency heads, industry, lawyers and academics, into whether and how to receive sustainability into competition law and policy.
Wai-Chan Chan
Consumer Goods Forum (Shanghai)

China

The world faces many significant issues today, such as climate change, plastic waste, food waste, social in-justice and food security, to name but a few. Solving them needs the power of collective action. This book provides strong food for thought for policymakers as they embark on unleashing the power of collective action, but at the same time, ensuring healthy competition.
Amelia Miazad
University of California (Berkeley)

United States

Similar to other areas of law, competition law must acknowledge its role in addressing the climate crisis. This groundbreaking book offers rare insights from industry leaders, policy makers, and academics and demonstrates how to modernize competition law to advance environmental and economic sustainability.
Alejandra Palacios Prieto
The Brattle Group (Mexico City)

United States 6 contributions 17829 visits

Just a few years ago, contemplating the idea that the application of competition law could help tackle environmental concerns would have been criticized. Today, things have changed, as the competition community recognizes that climate change is the most pressing long term worldwide issue. This publication represents an interesting compilation of different views on how sustainability considerations can be incorporated into an agency’s practice. As an enforcer, I found it very interesting. Moving forward, a question we will face as an international competition community is: What does the future hold for countries where legal frameworks do not incorporate public policy objectives, such as sustainability, in competition law?
Maurice Stucke
The Konkurrenz Group (Washington)

United States 10 contributions 15220 visits

So how can competition policy encourage (or at least not chill) solutions to climate change, the defining challenge of our time? This timely and important work looks beyond the consumer welfare orthodoxies from various legal, industry, and agency perspectives to assess how environmental considerations can be incorporated in antirust analysis to promote a sustainable economy. A must read for policymakers, lawyers and scholars.
Stéphanie Yon-Courtin
European Parliament (Strasbourg)

France 56 contributions 102703 visits

This book is a great contribution to the on-going debate with different perspectives providing a comprehensive overview of the challenge lying ahead of us.
Marc van der Woude
General Court of the European Union (Luxembourg)

United States 39 contributions 145942 visits

This book provides innovative and fresh perspectives to one of the most pressing debates in contemporary competition law. Competition authorities, legislators and courts alike need to seriously consider how environmental requirements interact with the market mechanism of supply and demand that competition law seeks to protect. Is the environment a mere externality or is sustainability a responsibility that all market players share ? Holmes, Middelschulte and Snoep’s work will undoubtedly contribute to this timely discussion and hopefully, spark further change.
Benedict Cumberbatch

We are running out of time in the fight against climate change. If we are to give our children hope for the future, all aspects of our economy, laws and regulations need to adapt. This welcome book shows how competition policy can play its part.
Frank Heemskerk
European Round Table for Industry (Brussels)

Belgium

As Secretary General of the European Round Table for Industry (ERT) I very much welcome this book with excellent reflections on the relationship between competition policy and the Green Deal. The Green Deal can be a force that strengthens Europe’s place in the world. Europe’s climate leadership can potentially create one of the biggest opportunities for its future security and prosperity. It is in all our interests to try to make the most of it. I strongly believe that competition law should be adapted to facilitate the achievement of the objectives under the Green Deal. ERT encourages the Commission to play a lead role so as to ensure a consistent approach across the EU and globally. EU Competition Policy is central to the functioning of the internal market and is one of our most powerful tools to ensure a level playing field for all European companies. Smarter competition policies that will help European business to also compete successfully at scale on the international stage.
Meng Yanbei
Renmin University of China

China 3 contributions 1372 visits

How to consider climate change and environmental sustainability issues when implementing competition laws is an important and unique topic. This book is surprising. It makes us think about what green antitrust laws are and whether environmentally friendly competition policies should be implemented.