Identifying the value of sustainability in competition policy – an expedition to Article 101(3) TFEU

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dc.contributorAalto Universityen
dc.contributorAalto-yliopistofi
dc.contributor.advisorKuoppamäki, Petri
dc.contributor.authorKivi, Niina
dc.contributor.departmentLaskentatoimen laitosfi
dc.contributor.schoolKauppakorkeakoulufi
dc.contributor.schoolSchool of Businessen
dc.date.accessioned2022-06-19T16:04:57Z
dc.date.available2022-06-19T16:04:57Z
dc.date.issued2022
dc.description.abstractEuropean Union was established to bring about peace into a violent Europe. Currently we are facing a problem, the climate crisis, that has no precedence and demands immediate actions. The European Union has made its stand on the importance of saving the world from a disaster by adopting measures to enable the Green transit. To become the world’s first climate-neutral continent by 2050, the EU requires all EU policies to take environmental values into account. One of these policies, that is currently seeking a way to coordinate multiple values is competition policy. This thesis has focused on pinpointing, what is the value of sustainability in the European Union’s competition policy. Competition policy aims at maximizing the consumer welfare and the question is, can sustainability constitute an element of that welfare. Co-operation between companies can be fruitful from the point of view of sustainability but at the same time, it can be prohibited. This thesis has focused on finding out, whether companies can co-operate when there are sustainability gains to be achieved and can this co-operation be justified by sustainability gains. At the core of this thesis is finding out what value can sustainability in competition law have and can it be considered under the Article 101(3) TFEU requirement for a “fair share for consumers". This question is up-to-date as the Commission is currently in the process of renewing the horizontal guidelines. This thesis presents current views from stakeholders, which previously have not been analysed as a part of a master’s thesis. The thesis consists of seven chapters. The first chapter contains introduction. The scope, limitations and research questions of the thesis are presented in the second chapter. This is followed by a chapter containing a brief history and introduction to the concept of sustainability. The fourth chapter entails the limitations and demands that competition law sets for taking sustainability into account. The fifth chapter contains a summary and analysis of the Commission’s recent call for contribution on the matter and a brief analysis on recently published draft guidelines. This chapter also contains current and future trends on the issue. The sixth chapter contains de lege ferenda -section with writer’s view on how the situation should be handled and current tools amended. This thesis concludes with an analysis answering the research questions and summarising the findings, as well as containing suggestions for future actions. This thesis shows that there is legal support for taking environmental issues into account in every policy, including competition policy. Also, competition law provisions leave room for interpretation and there is no rule against taking sustainability into account. In fact, quite the opposite: primary law presupposes for it to be considered and emphasized when possible as TFEU 191 (2) and supporting case law points out. The CJEU follows its own rules but reflects the society at large. Taking current political climate into account, the CJEU would most likely rule in favour of sustainability where possible. Legal uncertainty and the chilling effect of certain rules have not made it compelling for undertakings to take action in the field of sustainability. The Commission has pointed out in the Communication for draft guidelines, that sustainability makes an excellent argument in the balancing of benefits under Article 101(3). The next step after the guidelines have been finalised, would be that someone would dare to lead and be brave enough to test the boundaries and current legal environment. Article 101(3) combined with sustainability should complement other means for striving towards a more sustainable future, not substitute them. The value of sustainability is priceless, and sustainability should be pursued with this in mind.en
dc.format.extent15+69
dc.format.mimetypeapplication/pdfen
dc.identifier.urihttps://aaltodoc.aalto.fi/handle/123456789/115120
dc.identifier.urnURN:NBN:fi:aalto-202206193961
dc.language.isoenen
dc.locationP1 Ifi
dc.programmeYritysjuridiikkaen
dc.subject.keywordsustainabilityen
dc.subject.keywordcompetition lawen
dc.subject.keywordcompetition policyen
dc.subject.keywordArticle 101(3) TFEUen
dc.titleIdentifying the value of sustainability in competition policy – an expedition to Article 101(3) TFEUen
dc.typeG2 Pro gradu, diplomityöfi
dc.type.ontasotMaster's thesisen
dc.type.ontasotMaisterin opinnäytefi
local.aalto.electroniconlyyes
local.aalto.openaccessyes
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