EU antitrust in support of the Green Deal. Why better is not good enough

نویسندگان

چکیده

Abstract The European Union (EU) Commission proposes to ‘green up’ its enforcement of Article 101(3) TFEU allow producers collectively overcome so-called first mover disadvantages that would result from inefficient market regulation. Commission's reboot focuses on the last three exemption conditions. First, consumer benefit condition is customized use collective benefits determine whether consumers receive a ‘fair share’ established under efficiency condition. Here, bypasses Dutch proposition also take account non-consumer when investigating are compensated for anticompetitive harm. Second, indispensability tasked filter out greenwashing. Third, residual competition trusted private action insofar it does not eliminate price and/or innovation. Discussing both EU and proposals, this article finds greening up brings policy outside limiting principles define objective effective in terms voluntary exchange.

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ژورنال

عنوان ژورنال: Journal of Antitrust Enforcement

سال: 2023

ISSN: ['2050-0688', '2050-0696']

DOI: https://doi.org/10.1093/jaenfo/jnad005