The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays?

Q2 Social Sciences

European Competition Journal Pub Date : 2021-10-28 DOI:10.1080/17441056.2021.1995227

P. Jansen, S. Beeston, L. Van Acker

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引用次数: 1

Abstract

ABSTRACT In October 2020, the European Commission (EC) published a call for contributions on how competition rules could support the Green Deal. With this initiative, the EC followed in the footsteps of several national competition authorities which had already issued guidance on competition policy and sustainability initiatives. The Netherlands Authority for Consumers and Markets (ACM) is, to date, the only authority to publish draft Sustainability Guidelines with progressive, practical guidance. In this paper, we explore the extent to which ACM’s Sustainability Guidelines could serve as a source of inspiration for a modern EU approach to sustainability and competition policy. We will conclude that while these Guidelines constitute a clear compromise, ACM has created an intelligent modus operandi to allow for more cooperative sustainability initiatives under the third paragraph of Articles 6 Dutch Competition Act and 101 TFEU without itself having to take decisions about public policy. Sustainability – Green Deal - fair share - polluter pays – ACM - Netherlands - Article 101 TFEU.

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荷兰消费者和市场管理局的可持续性指导方针:推动现代欧盟可持续性和竞争政策的做法，反映污染者支付的原则?

2020年10月，欧盟委员会(EC)发布了一份关于竞争规则如何支持绿色协议的呼吁。欧共体采取这一举措，是在追随几个国家竞争主管部门的脚步，这些主管部门已经发布了关于竞争政策和可持续性举措的指导意见。迄今为止，荷兰消费者和市场管理局(ACM)是唯一一个发布可持续发展准则草案的机构，并提供了渐进的实用指导。在本文中，我们探讨了ACM的可持续发展指南在多大程度上可以作为现代欧盟可持续发展和竞争政策方法的灵感来源。我们将得出结论，虽然这些指导方针构成了一个明确的妥协，但ACM已经创造了一种明智的操作方式，允许根据《荷兰竞争法》第6条第3段和101 TFEU进行更多的合作可持续性倡议，而无需自己做出有关公共政策的决定。可持续发展-绿色交易-公平份额-污染者支付- ACM -荷兰-第101条TFEU。

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来源期刊

European Competition Journal Social Sciences-Law

CiteScore

1.50

自引率

0.00%

发文量

期刊介绍： The European Competition Journal publishes outstanding scholarly articles relating to European competition law and economics. Its mission is to help foster learning and debate about how European competition law and policy can continue to develop in an economically rational way. Articles published in the Journal are subject to rigorous peer review by leading experts from around Europe. Topics include: -Vertical and Conglomerate Mergers -Enlargement of the Union - the ramifications for Competition Policy -Unilateral and Coordinated Effects in Merger Control -Modernisation of European Competition law -Cartels and Leniency.