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<p>This paper examines the evolving integration of sustainability objectives within competition law, focusing on the application of Article 101(3) TFEU. It explores the European Commission’s 2023 Horizontal Guidelines and the divergent approaches of national authorities, notably in the Netherlands, the UK, and Austria, in reconciling environmental goals with competitive market dynamics. Through a critical analysis of case law, the study highlights the complexities of ensuring that sustainability agreements deliver tangible benefits without fostering anti-competitive practices or “greenwashing”. Ultimately, it underscores the need for a nuanced approach to balancing environmental progress with market fairness.</p>

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The rise of sustainability in anticompetitive agreements – can competition law be a climate ally? Should it be?

  • 期刊论文

  • 发表日期：

    2025年6月13日

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  • Virginia Pavel

摘要

This paper examines the evolving integration of sustainability objectives within competition law, focusing on the application of Article 101(3) TFEU. It explores the European Commission’s 2023 Horizontal Guidelines and the divergent approaches of national authorities, notably in the Netherlands, the UK, and Austria, in reconciling environmental goals with competitive market dynamics. Through a critical analysis of case law, the study highlights the complexities of ensuring that sustainability agreements deliver tangible benefits without fostering anti-competitive practices or “greenwashing”. Ultimately, it underscores the need for a nuanced approach to balancing environmental progress with market fairness.