The role of environmental protection in EC competition law and policy

Kingston, S.E.J. (2009)

Doctoral Thesis

Competition policy is often viewed as an area where maximising economic efficiency is the exclusive aim. Dealing with broader policy concerns, such as redistribution or environmental protection, is the job of the legislator, not the competition enforcer. In this thesis, it is argued that, in the case of EC competition policy, this approach is wrong. In reaching this conclusion, legal, governance and economic arguments are relied upon. It is argued that environmental factors have not, in general, been given sufficient weight in the application of EC competition law to date. This is true for the competition rules applicable to private undertakings (particularly Articles 81 and 82 of the EC Treaty) as well as those applicable to the state (particularly Article 87 of the EC Treaty)

• Competition law
• Environmental law
• EU law
• Integration principle
• Sustainable development

• All authors: Kingston, S.E.J.
• Supervisor: Slot, P.J.
• Committee: -
• Qualification: Doctor (dr.)
• Awarding Institution: Instituut voor Publiekrecht, Faculty of Law, Leiden University
• Date: 2009-02-17