根据奥地利卡特尔法§2(1)的新可持续性豁免及其与第101条TFEU的关系-欧洲先锋还是天生失败?

Q2 Social Sciences

European Competition Journal Pub Date : 2022-09-02 DOI:10.1080/17441056.2022.2131238

B. Zelger

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引用次数: 0

摘要

奥地利立法者，连同为实施ECN+指令而进行的调整，决定将奥地利卡特尔法第2(1)条纳入国家法律，作为第101(3)条TFEU的相应规则，奥地利卡特尔法第1条规定的对卡特尔禁令的可持续性豁免，作为第101(1)条TFEU的奥地利对应物。因此，根据第1/2003号条例，它可以说做出了一个大胆的决定，因为将这种豁免纳入国家法律绝不是没有争议的。此外，它与第101(3)条TFEU的兼容性也不明确，因为在欧洲一级评估豁免时包括经济方面以外的方面，即环境和可持续性考虑，从那时起就一直受到辩论。本文将阐明这一新的可持续性豁免及其与特定欧盟法律框架的关系所产生的问题。

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The new sustainability exemption according to § 2(1) Austrian Cartel Act and its relationship with Article 101 TFEU – European spearhead or born to fail?

ABSTRACT The Austrian legislator, together with the adaptions to be made in order to implement the ECN+ Directive, decided to include into national law, i.e. § 2(1) Austrian Cartel Act serving as corresponding rule to Article 101(3) TFEU, a sustainability exemption from the prohibition on cartels as stipulated in § 1 Austrian Cartel Act being the Austrian counterpart to Article 101(1) TFEU. Hence, in light of Regulation 1/2003 it arguably made a bold decision as the adoption of such exemption into national law is anything but uncontroversial. Moreover, also its compatibility with Article 101(3) TFEU is not clear-cut, as the inclusion of aspects other than economic ones, i.e. environmental and sustainability considerations, in the assessment of exemptions at the European level has been subject to debate ever since. This article shall shed light on the issues emanating from this new sustainability exemption and its relationship with the given EU legal framework.

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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.