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Integrating Environmental Protection and EU Competition Law: Why Competition Isn't Special

Authors :
Suzanne Kingston
Source :
European Law Journal. 16:780-805
Publication Year :
2010
Publisher :
Wiley, 2010.

Abstract

One of the biggest challenges facing environmental policy makers at present is that of integrating environmental protection goals into economic policy areas. Unless this is genuinely achieved, it is clear that environmental degradation will continue apace. Though one of the EU's most important areas of economic competence is competition policy, many policy makers and commentators reject the notion that environmental concerns should play a significant role in EU competition analysis. In that light, this article addresses two key questions. First, should this approach apply? Second, if not, what are the principles that govern how environmental protection requirements should be taken into account by decision makers applying EU competition law? In answering these questions, the article puts forward three theoretical arguments as to why, and how, the environmental benefits and damage flowing from goods and services should be taken into account by EU competition decision makers, based, respectively, on legal systematic, governance and economic reasoning.

Details

ISSN :
13515993
Volume :
16
Database :
OpenAIRE
Journal :
European Law Journal
Accession number :
edsair.doi...........91319df1ad97d1598c34ada028ce3012
Full Text :
https://doi.org/10.1111/j.1468-0386.2010.00533.x