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Focusing on competition, State aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.
Sustainability has received increasing attention in recent years, particularly surrounding concerns of poverty in the Global South, the climate emergency, the loss of biodiversity, and the COVID-19 pandemic. Competition and public authorities are more frequently encountering sustainability questions, while states are more generally called upon to foster sustainability by the UN Resolution 70/1. Against this backdrop, and drawing on cases and materials from different jurisdictions, Global Antitrust and Sustainability: Law, Economics, Enforcement explores the interaction between antitrust law and sustainability from the perspectives of law, economics, and the enforcement of such rules. The boo...
This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes. The Research Handbook presents a detailed overview of various policy questions surrounding sustainability and antitrust law - consi...
The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle ...
'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now...
Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses...
This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on...
Proposing a new view of global justice based on natural law, this book examines the ethics of health as they relate to neglected diseases.