Research Handbook on Sustainability and Competition Law

Edited by Julian Nowag, Faculty of Law, The University of Hong Kong, Hong Kong, Associate Professor, Law Faculty, Lund University, Sweden and Associate, CCLP, Oxford University, UK

‘With an interdisciplinary and cross jurisdictional approach, the Research Handbook on Sustainability and Competition Law offers a much needed comprehensive coverage of its subject matter. For anyone interested in key questions pertaining to sustainability this is a must read.’

• Contents1 State of the art in sustainability and competition matters: an introduction 1Julian NowagPART I SUSTAINABILITY: AN INTRODUCTION FORCOMPETITION PEOPLE2 Environmental sustainability 12Torsten Krause3 Social sustainability 32Torsten KrausePART II THE ECONOMICS OF SUSTAINABILITY AND COMPETITION4 The potential and limitations of competition to achieve sustainability 50Leonard Treuren5 Fishery management: a monopolist to the rescue? 69Hirotsugu Uchida and Dale Manning6 Consensus-based sustainability standards and competitive advantage –coopetition on multiple levels 87Magnus Johansson7 The economics of sustainability cooperation 104Christopher Dirzka8 Pre-distribution versus re-distribution: why competition law is muchmore than a tool to alleviate poverty 121Amit ZacPART III SUSTAINABILITY AND COMPETITION: LAW,ECONOMICS, AND POLICY9 Competition and sustainability in EU law: nearer resolution of the old debate? 140Suzanne Kingston10 Addressing sustainability failures in economics and competition law:environmental externalities, consumers and quantification 154Max Hjärtström11 Merger control for green innovation 176Ruben Maximiano and Cristina Volpin12 The twin transition to a green and digital economy: the role for EUcompetition law 194Klaudia Majcher and Viktoria H.S.E. Robertson13 Why the case for a sustainable competition law is exaggerated 211Cento Veljanovski14 Pro-enforcement perspectives on competition law and sustainability 235Johannes Persch15 Implementing a sustainability agenda in competition law and policy 249Giorgio MontiPART IV NON-COMPETITION LAW TOOLS TO ACHIEVE SUSTAINABILITY?16 What tax law can and cannot do for sustainability with a focus onenvironmental sustainability in the EU context 265Mariya Senyk17 To take to sea in a sieve: environmental law and competition 284Hans Vedder18 The limits of consumer law in pursuing sustainability 302Felix Pflücke19 Social rights and social sustainability: can social law promoteintergenerational justice? 320Toomas KotkasPART V SUSTAINABILITY AND COMPETITION: VIEWS FROMDIFFERENT JURISDICTIONS20 Cartels harming sustainability (and those that don’t) in Europe 337Simon Holmes21 Unilateral conduct and sustainability under EU competition law 352Marios Iacovides and Valentin Mauboussin22 Making sustainability visible: a new framework and operationalisationtests for merger control 375Elias Deutscher and Stavros Makris23 European competition law: measuring sustainability benefits underArticle 101(3) TFEU 412Eva van der Zee24 Sustainability and competition in the UK 426Nicole Kar and Emma Cochrane25 Sustainability and competition in Eastern and Southern Africa 457Reena Das Nair and Simon Roberts26 Australia: sustainability as a public benefit to be weighed against theanti-competitive detriments of competitor collaborations 480Georgina Foster27 Competition policy, poverty, inequality: the Philippine experience 500Leni Papa and Raya Teston28 Environmental sustainability and competition in Latin American jurisdictions 518Juan David Gutiérrez and Sebastián Solarte-Caicedo29 Sustainability and antitrust – what to expect from the US 535Max Huffman and Jack Parke