Greening Eu Competition Law and Policy

, by Kingston, Suzanne

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ISBN: 9781107003026 | 1107003024
Cover: Hardcover
Copyright: 12/30/2011

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An innovative, interdisciplinary analysis of the increasingly important relationship between EU environmental and competition law and policy.

Foreword	p. xi
Acknowledgements	p. xiii
List of abbreviations	p. xv
Introduction	p. 1
Should environmental goals play a role in EU competition law and policy?	p. 7
Environmental protection in EU competition theory to date	p. 9
Introduction	p. 9
An ordoliberal approach	p. 11
Role of environmental factors	p. 17
The Harvard School	p. 20
Role of environmental factors	p. 22
The Chicago School	p. 23
Role of environmental factors	p. 34
Other views of competition theory	p. 34
Role of environmental factors	p. 37
Conclusion: a European model of competition theory	p. 38
The rise of the market in EU environmental policy	p. 41
Introduction	p. 41
The beginnings: direct regulation as the EU's primary environmental regulatory instrument	p. 42
The shift towards economic instruments in EU environmental policy	p. 49
Focus on market-based instruments most relevant to EU competition policy	p. 56
State subsidies and taxes	p. 56
Tradable permits	p. 60
Incentivisation of voluntary environmental initiatives	p. 75
Conclusion: the new environmental governance and its implications for competition policy	p. 93
Why environmental protection goals should play a role in EU competition policy: a legal systematic argument	p. 97
Introduction	p. 97
Placing environmental goals in the context of the EU's economic objectives and the significance of Articles 7 and 11 TFEU	p. 98
The remarkable evolution of EU environmental policy	p. 98
The Treaties' solutions to reconciling the EU's economic and environmental goals and the significance of Articles 7 and	p. 11
TFEU	p. 102
A systematic approach to the EU free movement and competition rules	p. 119
Conclusion	p. 124
Why environmental protection goals should play a role in EU competition policy: a governance argument	p. 126
Introduction	p. 126
Coherence of policy action as a requirement of good governance and its application to environmental policy	p. 127
The White Paper on European Governance	p. 127
Developments since the White Paper	p. 131
Applying good governance principles to EU competition law enforcers	p. 133
The EU courts	p. 133
The Commission	p. 139
National courts and national administrative competition authorities	p. 151
Why environmental protection goals should play a role in EU competition policy: an economic argument	p. 163
The role of the environment in economic theory	p. 164
Classical economics and the limits to growth debate	p. 164
The approach of neo-classical economics to the environment: environmental damage as market failure	p. 169
Revisiting the consumer welfare goal of EU competition policy	p. 171
Measuring consumer surplus: an environmental economics approach	p. 176
The concept of environmental valuation	p. 176
Methods of valuing environmental resources	p. 179
Techniques of environmental valuation	p. 181
Going further? An ecological economics approach	p. 186
Conclusion: can these techniques be applied to EU competition policy?	p. 189
The role of environmental protection in EU competition law and policy in practice	p. 195
Some preliminary issues: definition of an undertaking; market definition; effect on inter-State trade	p. 197
Introduction	p. 197
Relevance of environmental concerns to the definition of an undertaking	p. 197
Definition of the relevant market	p. 205
Relevant product and service markets	p. 208
Relevant geographic market	p. 217
Effect on inter-State trade	p. 219
Trade between Member States	p. 220
Potential effect on inter-State trade	p. 221
Appreciable effect on inter-State trade	p. 223
Article 101(1) TFEU	p. 225
Introduction	p. 225
Agreements, decisions by an association of undertakings, or concerted practices	p. 225
Object or effect of preventing, restricting or distorting competition on the market	p. 227
Overview of the concept of restriction of competition	p. 227
The ancillary restraint principle and its application to environmental cases	p. 233
Relevance of environmental factors to the concept of restriction: some practical examples	p. 242
Conclusion	p. 260
Article 101(3) TFEU	p. 261
Introduction: the relevance of non-economic factors	p. 261
The Article 101(3) TFEU conditions and their application to environmental agreements	p. 265
Condition 1: the agreement must improve the production or distribution of goods or promote technical or economic progress	p. 266
Condition 2: consumers must receive a fair share of the resulting benefit	p. 276
Condition 3: the agreement must not contain dispensable restrictions	p. 280
Condition 4: the agreement must not substantially eliminate competition in the relevant market	p. 287
Conclusion	p. 293
Article 102 TFEU	p. 294
Introduction: the debate on the function of Article 102 TFEU	p. 294
Dominance	p. 297
Abuse of a dominant position and environmental protection considerations	p. 299
The concept of abuse	p. 299
Objective justifications	p. 304
Relevance of environmental considerations	p. 307
Examples of the relevance of environmental considerations to individual abuses	p. 312
Conclusion	p. 326
EU merger policy	p. 328
Introduction: a role for environmental considerations in the EU's merger regime?	p. 328
Overview	p. 329
Efficiencies	p. 332
Article 21(4) of the Merger Regulation and national measures taken in the environmental interest	p. 340
Conclusion	p. 342
The relevance of State action to Articles 101 and 102 TFEU	p. 343
Introduction	p. 343
State action as a defence for undertakings	p. 343
The duties of the State under the Van Eycke doctrine	p. 348
Duty not to require or favour the adoption of anti-competitive agreements or abuse by a dominant undertaking	p. 349
Duty not to reinforce the effects of anti-competitive agreements or an abuse by a dominant undertaking	p. 351
Duty not to deprive legislation of official character by delegation	p. 354
Article 106(1) TFEU: rights granted to privileged undertakings	p. 355
Public undertakings and undertakings granted special or exclusive rights	p. 356
Measures in breach of Articles 101 or 102 TFEU	p. 359
Article 106(2) TFEU	p. 363
Entrustment with the operation of a service of general economic interest	p. 365
Obstruction of the performance of the tasks assigned	p. 370
Conclusion	p. 377
State aid	p. 379
Introduction	p. 379
Article 107(1) TFEU: when do national environmental measures constitute State aid?	p. 380
An advantage granted to an undertaking	p. 380
From Member State resources	p. 385
Selectivity	p. 392
Tax reductions and exemptions	p. 393
Distortion of competition and effect on trade between Member States	p. 404
Application of Article 106(2) TFEU	p. 405
Exemption for environmental aid: Article 107(3) TFEU	p. 405
The 2008 Guidelines on State Aid for Environmental Protection and the Block Exemption for Environmental Aid	p. 405
Article 107(3)(c) TFEU: aid 'to facilitate the development of certain economic activities or of certain economic areas'	p. 410
Article 107(3)(b) TFEU: aid 'to promote the execution of an important project of common European interest'	p. 423
Discussion	p. 426
Conclusion	p. 433
Conclusions	p. 435
Conclusions	p. 437
Select bibliography	p. 446
Index	p. 459
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Greening Eu Competition Law and Policy

Summary

Author Biography

Table of Contents

Supplemental Materials