research topics on competition law

Competition Law Research Paper Topics

This page presents a comprehensive exploration of competition law research paper topics , designed to assist law students in their pursuit of academic excellence. As competition law continues to play a critical role in regulating market dynamics, students often face the challenge of choosing compelling research topics that reflect the evolving complexities of this field. Here, we highlight the diverse range of competition law research paper topics covered in this page, encompassing anti-competitive agreements, abuse of dominant market position, mergers and acquisitions, intellectual property issues, digital markets, international antitrust enforcement, consumer protection, public policy implications, and emerging issues in the digital era. Through this curated list of topics, students will gain insights into the multifaceted dimensions of competition law, fostering critical thinking and the ability to address real-world challenges in an ever-changing legal landscape. Whether investigating the intersection of competition law and technology or exploring the impact of global trade on market competition, this page aims to empower students with an array of research paper ideas to embark on their scholarly endeavors in competition law.

100 Competition Law Research Paper Topics

Competition law is a dynamic and multifaceted field that addresses various issues related to market competition, monopolies, consumer welfare, and economic efficiency. As law students delve into this intricate domain, they often encounter the challenge of selecting compelling research paper topics that reflect the evolving complexities of competition law. To aid students in their academic journey, we present a comprehensive list of competition law research paper topics, carefully curated and divided into ten categories, each offering unique insights into the realm of market regulation and antitrust enforcement.

Academic Writing, Editing, Proofreading, And Problem Solving Services

Get 10% off with 24start discount code.

Anti-competitive Agreements:

• The Role of Cartels in Market Manipulation: Case Studies and Impact on Consumers
• Horizontal vs. Vertical Agreements: Analyzing the Distinctions and Legal Implications
• Price Fixing and Collusion: Assessing the Challenges of Detecting and Prosecuting Anti-competitive Conduct
• Leniency Programs: Evaluating the Effectiveness in Combating Cartels and Encouraging Cooperation
• Trade Associations and Competition Law: Balancing Industry Cooperation and Compliance with Antitrust Regulations
• Technology Cartels and the Digital Age: Investigating Anti-competitive Practices in Tech Markets
• Intellectual Property and Competition: Antitrust Implications of Patent Pools and Cross-Licensing Agreements
• Compliance Mechanisms for Agreements: Promoting Ethical Business Practices and Preventing Collusion
• Bundling and Tying Arrangements: Analyzing the Impact on Market Entry and Consumer Choice
• Antitrust Enforcement in the Pharmaceutical Industry: Addressing Market Distortions and Access to Medicine.

Abuse of Dominant Market Position:

• Monopolization and Market Power: Analyzing the Criteria for Identifying Dominant Firms
• Predatory Pricing and Market Entry Barriers: Evaluating the Impact on Competitors and Consumers
• Exclusionary Practices by Tech Giants: The Intersection of Dominance and Digital Markets
• Leveraging Dominant Position to Enter Adjacent Markets: Examining the Antitrust Implications
• Essential Facilities Doctrine: Balancing Market Dominance and Access to Key Infrastructure
• Market Definition and Dominant Market Shares: Methodological Challenges in Identifying Dominant Firms
• Refusal to Deal and Essential Inputs: Assessing the Role of Dominant Entities in Supply Chains
• Intellectual Property and Dominant Firms: Exploring the Intersection of Competition Law and Patents
• Abusive Discrimination and Market Access: Analyzing the Legal Framework and Enforcement Challenges
• Monopoly Regulation in Developing Economies: Promoting Fair Competition and Economic Growth.

Mergers and Acquisitions:

• Merger Control Thresholds: The Balance between Market Concentration and Facilitating Business Transactions
• Failing Firm Defense: Evaluating the Criteria for Allowing Mergers in Distressed Companies
• Killer Acquisitions: Assessing the Impact of Acquiring Potential Competitors on Innovation
• Conglomerate Mergers and Market Power: The Challenges of Analyzing Diversified Entities
• Gun-Jumping and Pre-merger Coordination: The Role of Antitrust Agencies in Preventing Premature Actions
• Cross-Border Mergers: Analyzing the Challenges of Harmonizing Antitrust Enforcement in Global Transactions
• Market Definition in Merger Analysis: The Significance of Product and Geographic Market Definition
• Remedies in Merger Control: Evaluating the Effectiveness of Divestitures and Behavioral Conditions
• Merger Waves and Economic Cycles: Examining the Relationship between M&A Activities and Market Performance
• Merger Notification Procedures: Streamlining the Review Process and Ensuring Effective Decision-Making.

Intellectual Property and Competition Law:

• Standard-Essential Patents and FRAND Commitments: Balancing Innovation Incentives and Access to Essential Technologies
• Patent Thickets and Competition: Addressing Patent Pools and Overlapping Rights
• Intellectual Property Rights and Market Power: Antitrust Scrutiny of Dominant Firms with Strong IP Portfolios
• Technology Transfer Agreements and Antitrust Compliance: Evaluating Licensing Practices and Competition
• Trademarks and Market Distinctiveness: Analyzing the Antitrust Implications of Branding Strategies
• Copyright Licensing and Competition: The Interface between Copyright and Market Competition
• Big Data and Antitrust: The Impact of Data Dominance on Market Concentration and Consumer Choice
• Digital Rights Management and Competition Law: Striking a Balance between Copyright Protection and Market Access
• Antitrust Enforcement in the Digital Media Industry: Implications for Content Creators and Distribution Platforms
• Innovation and Market Dominance: The Interaction between Patent Protection and Competition Law.

Competition Law and Digital Markets:

• Big Tech and Platform Dominance: Investigating the Role of Technology Giants in Shaping Digital Markets
• Data Privacy and Antitrust: Analyzing the Relationship between Consumer Data and Market Power
• Online Platforms and Self-Preferencing: The Legal Boundaries of Fair Competition in E-Commerce
• Algorithmic Collusion: Detecting and Addressing Collusive Behavior in Automated Systems
• Digital Advertising and Competition: The Intersection of Targeted Ads and Market Concentration
• The Sharing Economy and Antitrust Regulation: The Challenges of Promoting Competition in Peer-to-Peer Platforms
• Internet Intermediaries and Market Fairness: Examining the Role of Online Intermediaries in Facilitating Market Access
• Digital Market Definition and Geographic Boundaries: The Challenges in Defining Online Markets
• Data Ownership and Market Power: The Antitrust Implications of Data Dominance in the Digital Era
• E-Commerce Platforms and Exclusionary Practices: Analyzing Anti-competitive Behavior in Online Markets.

International Antitrust Enforcement:

• Extraterritorial Application of Competition Law: The Legal Challenges and Global Cooperation Efforts
• Cross-Border Cartels: Investigating the Challenges of Multi-Jurisdictional Prosecution and Enforcement
• Regional Competition Agreements: Assessing the Role of Regional Bodies in Promoting Cross-Border Competition
• Merger Control in a Globalized Economy: Harmonization and Divergence of Merger Review Procedures
• Antitrust in the Digital Silk Road: The Impact of China’s Belt and Road Initiative on Global Markets
• International Trade and Market Access: Analyzing the Link between Antitrust and Trade Policies
• Antitrust and Developing Economies: Tailoring Enforcement to Local Contexts and Economic Development
• Antitrust Compliance in Cross-Border Mergers: Navigating the Legal Landscape of International Transactions
• Cross-Border Antitrust Investigations: Examining the Challenges of Collecting and Sharing Evidence
• Competition Advocacy in International Forums: Promoting Global Cooperation and Convergence.

Consumer Protection and Competition Law:

• Misleading Advertising and Consumer Deception: The Intersection of Consumer Rights and Market Competition
• Price Discrimination and Consumer Welfare: Analyzing the Impact on Vulnerable Populations
• Online Consumer Rights in Digital Markets: Ensuring Fair Practices and Redress Mechanisms
• Competition Law and Healthcare: Addressing Market Concentration and Access to Medicine
• Financial Services and Market Regulation: Consumer Protection in the Banking Sector
• Consumer Data and Privacy in the Digital Age: The Intersection of Consumer Protection and Data Dominance
• Unfair Competition Practices: Analyzing the Role of Unfair Competition in Restraining Market Access and Consumer Choice
• Product Safety and Market Competition: Balancing Innovation and Consumer Welfare
• Consumer Empowerment and Market Information: The Impact of Market Transparency on Consumer Decision-Making
• Competition Law Remedies for Consumer Harm: Evaluating the Effectiveness of Compensation Mechanisms.

Public Policy and Competition Law:

• Antitrust and Innovation: The Interplay between Market Competition and Technological Advancements
• Competition Policy and Economic Development: The Role of Antitrust in Fostering Economic Growth
• Political Influence and Market Concentration: Analyzing the Impact of Lobbying on Antitrust Regulation
• Market Regulation in Times of Crisis: Addressing Competition Challenges during Economic Downturns
• National Security and Competition Law: Balancing National Interests and Open Markets
• Market Power and Income Inequality: The Socioeconomic Implications of Market Concentration
• Technology Transfer and National Interest: Assessing the Role of Competition Law in Safeguarding Innovation
• Corporate Social Responsibility and Market Dominance: Examining Ethical Business Practices and Market Influence
• Environmental Sustainability and Competition Law: The Relationship between Competition and Green Business Practices
• Digital Sovereignty and Market Control: Navigating the Challenges of Global Technology Regulation.

Emerging Issues in the Digital Era:

• Artificial Intelligence and Antitrust: The Challenges of Addressing Algorithmic Collusion
• Blockchain Technology and Market Competition: The Potential of Decentralized Markets
• Data Monopolies and Market Distortion: Antitrust Implications in Data-Driven Economies
• Internet of Things and Market Dominance: The Intersection of Connected Devices and Competition Law
• Virtual Markets and Market Power: Analyzing the Antitrust Impact of Virtual Goods and Services
• Privacy Regulation and Competition Law: The Balancing Act between Data Protection and Market Competition
• Digital Disinformation and Competition Law: Addressing Misinformation and Consumer Manipulation
• Competition Law Enforcement in the Gig Economy: The Challenges of Regulating Flexible Work Arrangements
• Smart Cities and Antitrust: The Impact of Technological Urbanization on Market Concentration
• Cybersecurity and Market Competition: The Role of Antitrust in Protecting Against Cyber Threats.

Case Studies in Competition Law:

• Microsoft Antitrust Case: Analyzing the Legacy of the U.S. v. Microsoft Corp. Case
• Google Antitrust Cases: Assessing the EU’s Multiple Investigations into Google’s Market Dominance
• Apple vs. Epic Games: The Antitrust Battle over App Store Policies and Market Access
• Qualcomm vs. FTC: The Antitrust Litigation over Qualcomm’s Licensing Practices
• Intel Antitrust Case: Examining the European Commission’s Decision on Intel’s Market Dominance
• Amazon and Antitrust: Investigating Amazon’s Role as a Dominant E-Commerce Platform
• Facebook and Market Dominance: The Antitrust Scrutiny of Social Media Platforms
• Standard Oil and the Origins of Antitrust: A Historical Perspective on Competition Regulation
• Uber and Antitrust: Addressing the Competition Challenges in the Ride-Hailing Industry
• Visa and Mastercard Antitrust Cases: Analyzing the Legal Battle over Credit Card Network Fees.

In conclusion, this comprehensive list of competition law research paper topics offers a diverse and extensive range of areas for exploration in the dynamic field of antitrust regulation and market competition. From examining the implications of anti-competitive agreements to navigating the challenges of regulating digital markets, students will find ample opportunities to delve into complex legal issues and contribute to the ongoing evolution of competition law. By exploring these thought-provoking topics, students can enhance their critical thinking skills, develop a deeper understanding of legal complexities, and contribute to the advancement of competition law jurisprudence. This carefully curated collection aims to empower law students in their academic pursuits and inspire them to undertake impactful research in the realm of competition law.

Competition Law: Exploring the Range of Research Paper Topics

Competition law, also known as antitrust law in some jurisdictions, is a crucial area of legal study that aims to promote fair competition and prevent anti-competitive practices in the marketplace. It plays a vital role in maintaining a level playing field for businesses, safeguarding consumer interests, and fostering economic efficiency. As students of law venture into the realm of competition law, they are presented with a vast and ever-evolving landscape of legal issues to explore and analyze. This section delves into the multifaceted world of competition law research paper topics, highlighting key areas of interest and offering valuable insights to inspire law students in their academic pursuits.

The Evolution of Competition Law

To begin our exploration, it is essential to understand the historical development of competition law. Students can investigate the origins of antitrust regulation, examining landmark cases and legislative milestones that have shaped the field over time. They can explore how competition law has evolved to adapt to new economic challenges and technological advancements, such as the impact of globalization and the digital era on market competition.

Theoretical Perspectives in Competition Law

Competition law draws upon various economic theories to justify its existence and guide its application. Students can delve into different theoretical perspectives, such as the Chicago School of thought, the Harvard School, and the Post-Chicago School, and critically analyze their implications for antitrust policy and enforcement. This area of research allows students to explore the tensions between economic efficiency and consumer welfare, as well as the role of competition authorities in balancing competing objectives.

Comparative Analysis of Competition Laws

Conducting a comparative study of competition laws across different jurisdictions provides an enriching research opportunity. Students can compare and contrast the legal frameworks, enforcement approaches, and policy objectives of various countries, shedding light on the diversity of approaches to competition regulation and identifying potential areas of harmonization or cooperation in the global context.

Market Definition and Dominance Assessment

Defining relevant markets and assessing market dominance are critical steps in competition law analysis. Research papers in this area can explore the methodologies used by competition authorities to define markets, measure market power, and identify dominant firms. Students can examine the challenges of market definition in emerging sectors, such as digital markets and technology-driven industries.

Anti-competitive Agreements

The prohibition of anti-competitive agreements lies at the core of competition law. Students can investigate the different types of agreements, such as cartels, price-fixing arrangements, and bid-rigging, and explore the legal and economic consequences of such collusive practices. Research papers may delve into leniency programs, the role of whistleblowers, and the use of technology in detecting and prosecuting anti-competitive agreements.

Abuse of Dominant Market Position

Analyzing cases of market dominance and abuse is an area of significant interest in competition law research. Students can examine the factors that contribute to market power, such as barriers to entry, network effects, and economies of scale, and explore how dominant firms may engage in exclusionary conduct to maintain or strengthen their position in the market. This research can include the examination of cases involving monopolization, predatory pricing, and refusal to deal.

Merger Control and Consolidation

Mergers and acquisitions have the potential to impact market competition significantly. Research papers in this area can focus on the effectiveness of merger control regulations in preventing anti-competitive consolidation, the role of economic analysis in merger reviews, and the challenges of regulating cross-border mergers. Students can explore the factors considered by competition authorities when evaluating the competitive effects of mergers and the design of remedies to address potential anti-competitive concerns.

Competition Law Enforcement in the Digital Age

As the world becomes increasingly digitalized, competition law faces new challenges in addressing the unique issues arising in the digital marketplace. Students can investigate the role of competition law in regulating online platforms, data-driven markets, and the use of algorithms. They may examine the complexities of applying traditional competition principles to the digital economy and consider the role of big data, artificial intelligence, and machine learning in competition enforcement.

Sector-Specific Competition Law

Competition law is often tailored to address specific industries or sectors. Students can explore sector-specific competition regulations, such as competition law in the healthcare industry, telecommunications, financial services, or energy markets. This research allows for an in-depth examination of the particular challenges and policy objectives that arise in different sectors and how competition law can be adapted to address sector-specific issues.

Competition Policy and Public Interest Considerations

Competition law enforcement is not only about promoting efficiency and consumer welfare but also involves considerations of public interest and broader societal objectives. Students can delve into the interface between competition law and public policy, examining cases where competition enforcement has been influenced by non-economic concerns, such as environmental protection, access to essential services, or cultural preservation.

The realm of competition law research offers a vast landscape of compelling topics that reflect the intricacies of market regulation, antitrust enforcement, and consumer protection. As law students engage in exploring these research paper topics, they embark on a journey to understand the complexities and significance of competition law in shaping the competitive dynamics of modern economies. Through their scholarly pursuits, students not only contribute to the academic discourse but also play a crucial role in advancing the field of competition law and its impact on society and economic welfare.

How to Choose Competition Law Research Paper Topics

Selecting a research paper topic is a crucial step in the academic journey of law students. The field of competition law offers a diverse range of fascinating and relevant issues for exploration, making the process of choosing the right research topic both exciting and challenging. This section provides valuable insights and practical tips to help students navigate the process of selecting compelling and well-defined competition law research paper topics that align with their interests, expertise, and academic goals.

• Identify Your Area of Interest : Begin by identifying your area of interest within the broad scope of competition law. Are you intrigued by antitrust enforcement in the digital economy, mergers and acquisitions, or the economic implications of market dominance? By narrowing down your interests, you can focus on specific topics that resonate with your passion for the subject.
• Conduct Preliminary Research : Before finalizing your research topic, conduct preliminary research to familiarize yourself with recent developments and emerging trends in competition law. Stay updated with landmark cases, policy changes, and academic publications in the field. This background research will help you identify gaps in the existing literature and potential areas for further exploration.
• Define Your Research Objectives : Clearly define your research objectives and the specific questions you aim to answer in your paper. Are you seeking to analyze the effectiveness of certain competition law regulations, explore the impact of market consolidation, or evaluate the role of competition enforcement in specific industries? Having well-defined research objectives will guide your selection of a focused and relevant topic.
• Analyze the Legal Framework : Competition law operates within a legal framework that varies across jurisdictions. If you are interested in conducting a comparative analysis, choose a topic that allows for a meaningful comparison of competition laws in different countries. Understanding the legal context is essential for framing your research question and methodology.
• Consider Practical Implications : Assess the practical implications of your chosen research topic. How does your research contribute to the ongoing discourse on competition law? Is there potential for your findings to inform competition policy or impact the enforcement practices of competition authorities? Topics with practical significance can add value to your research and demonstrate its relevance in the real world.
• Consult with Faculty and Peers : Engage in discussions with your faculty members and peers to seek their input and feedback on potential research topics. Collaborating with others can provide new perspectives, help refine your ideas, and ensure that your research aligns with academic standards and expectations.
• Access to Data and Resources : Consider the availability of data and resources relevant to your research topic. Access to comprehensive data and credible sources can significantly enhance the quality and depth of your research. Ensure that you have access to the necessary legal texts, court decisions, economic data, and academic literature to support your analysis.
• Timeliness and Relevance : Choose a research topic that is timely and relevant to the current state of competition law. Topics that address emerging issues, recent court decisions, or changes in regulatory approaches can attract greater interest from readers and contribute to ongoing debates in the field.
• Originality and Contribution : Strive for originality in your research topic and aim to make a unique contribution to the field of competition law. Avoid topics that have been extensively covered or lack novelty. Consider how your research can fill gaps in existing literature or offer fresh perspectives on well-known issues.
• Stay Open to Exploration : Finally, remain open to exploring new ideas and adjusting your research focus as you delve deeper into the literature. As you progress in your research journey, new insights may lead you to refine your research question or explore related areas that enrich your paper.

Selecting the right competition law research paper topic is a critical step in producing a compelling and impactful academic work. By identifying your interests, conducting thorough research, defining your objectives, and considering practical implications, you can narrow down your choices and choose a topic that aligns with your academic goals and contributes meaningfully to the field of competition law. Remember to seek guidance from faculty and peers, access credible resources, and stay open to exploration as you embark on your research journey.

How to Write a Competition Law Research Paper

Writing a competition law research paper requires a systematic approach that combines legal analysis, economic insights, and critical thinking. As law students delve into the complexities of competition law, they must effectively communicate their findings and arguments in a well-structured and coherent manner. This section provides valuable guidance on how to write a compelling competition law research paper, from planning and conducting research to structuring the paper and presenting the analysis effectively.

• Define Your Research Question : At the outset, clearly define your research question or thesis statement. Your research question should be specific, focused, and aligned with the objectives of your study. It serves as the guiding compass throughout the writing process and ensures that your paper remains cohesive and on track.
• Conduct Thorough Research : Competition law research papers require a comprehensive examination of legal texts, court decisions, academic literature, and economic data. Conduct thorough research using authoritative sources to gather relevant information, legal precedents, and empirical evidence to support your arguments.
• Create an Outline : Before diving into writing, create a detailed outline that outlines the structure of your paper. An outline helps organize your thoughts, provides a logical flow to your arguments, and ensures that you cover all essential aspects of your research.
• Introduction : The introduction should provide context for your research topic, present the research question, and outline the scope and objectives of your paper. Engage your readers with a compelling opening and highlight the significance of your research in the context of competition law.
• Literature Review : Conduct a thorough literature review to situate your research within the existing body of scholarship on competition law. Identify key theories, legal principles, and economic concepts that inform your research and highlight any gaps in the literature that your paper aims to address.
• Legal Analysis : Present a detailed legal analysis of the relevant competition law principles, statutes, and court decisions that are central to your research question. Analyze how these legal frameworks apply to the specific issues or cases you are examining. Use clear and precise legal language while supporting your analysis with authoritative sources.
• Economic Analysis : If your research involves economic aspects, provide an economic analysis that complements your legal analysis. Integrate economic concepts, such as market power, consumer welfare, and efficiency, into your arguments. Use empirical data, economic models, and economic theory to support your findings.
• Case Studies : Consider incorporating case studies or real-world examples to illustrate your arguments and demonstrate how competition law principles are applied in practice. Case studies provide valuable insights and strengthen the practical relevance of your research.
• Antitrust Policy Implications : Discuss the policy implications of your research findings. Consider how your analysis informs antitrust policy, enforcement practices, and potential legislative reforms. Offer practical recommendations for policymakers and competition authorities based on your research.
• Conclusion : In the conclusion, restate your research question and summarize the main findings of your paper. Emphasize the significance of your research and its contribution to the field of competition law. Discuss any limitations of your study and propose areas for further research.
• Citations and References : Ensure that you use proper citations and references throughout your paper to acknowledge the sources of your information and ideas. Follow the appropriate citation style, such as APA, MLA, or Chicago, as required by your academic institution.
• Review and Revise : Writing a competition law research paper is an iterative process. After completing the first draft, review your paper for clarity, coherence, and consistency. Revise your arguments, strengthen your analysis, and ensure that your paper adheres to academic standards.
• Seek Feedback : Seek feedback from professors, mentors, or peers to get valuable insights and suggestions for improvement. Feedback from others can help refine your arguments, clarify your writing, and enhance the overall quality of your research paper.

Writing a competition law research paper requires a rigorous approach that integrates legal analysis, economic insights, and scholarly research. By defining a clear research question, conducting thorough research, and structuring your paper effectively, you can craft a compelling and impactful research paper that contributes to the vibrant field of competition law. Through careful writing and presentation of your analysis, you can convey your expertise, critical thinking, and understanding of complex legal issues to your readers.

iResearchNet’s Custom Research Paper Writing Services

At iResearchNet, we understand the challenges that law students face when tasked with writing a competition law research paper. The field of competition law is dynamic and complex, requiring a deep understanding of legal principles, economic theories, and real-world applications. We recognize the importance of producing high-quality research papers that not only meet academic standards but also contribute to the advancement of competition law knowledge. To support students in their academic journey, we offer custom competition law research paper writing services that cater to their unique needs and requirements.

• Expert Degree-Holding Writers : At iResearchNet, we pride ourselves on having a team of expert writers who possess advanced degrees in law and related fields. Our writers are well-versed in competition law and have a keen understanding of legal principles and economic concepts. With their expertise, they can deliver comprehensive and well-researched papers that meet the highest academic standards.
• Custom Written Works : We believe in providing personalized solutions to our clients. Each competition law research paper is custom written based on the specific requirements and instructions provided by the student. Our writers conduct thorough research, analyze legal and economic aspects, and craft original papers that address the unique research questions and objectives of each client.
• In-Depth Research : Competition law research papers require in-depth research and analysis. Our writers have access to extensive academic databases, legal texts, court decisions, and economic data, enabling them to gather credible and relevant information for each paper. We ensure that our research papers are comprehensive, well-supported, and up-to-date.
• Custom Formatting : Academic formatting is a crucial aspect of research papers. Our writers are proficient in various citation styles, including APA, MLA, Chicago/Turabian, and Harvard. They meticulously adhere to the specified formatting guidelines, ensuring that each paper is presented professionally and in accordance with the academic requirements.
• Top Quality : At iResearchNet, we prioritize quality above all else. Our dedicated quality assurance team reviews each research paper to ensure accuracy, coherence, and adherence to the client’s instructions. We aim to deliver research papers that demonstrate thorough analysis, critical thinking, and a deep understanding of competition law.
• Customized Solutions : We understand that each competition law research paper is unique, requiring individualized attention and focus. Our writers work closely with clients to understand their research objectives, preferences, and specific areas of interest. This collaborative approach allows us to deliver customized solutions that align with each student’s academic goals.
• Flexible Pricing : We offer competitive and transparent pricing for our custom competition law research paper writing services. Our pricing model is designed to accommodate students with varying budget constraints. We believe in providing value for money by offering high-quality research papers at affordable rates.
• Short Deadlines : We recognize that students often face tight deadlines when completing their research papers. At iResearchNet, we are equipped to handle urgent orders with short deadlines, delivering high-quality papers within as little as three hours. Our fast turnaround ensures that students can meet their submission deadlines without compromising on quality.
• Timely Delivery : We understand the importance of timely delivery for students. Our team is committed to delivering completed research papers within the agreed-upon deadlines. We value punctuality and ensure that clients receive their papers promptly, allowing them ample time for review and revision if needed.
• 24/7 Support : Our customer support team is available 24/7 to assist clients with any queries, concerns, or requests. Whether you need to track your order, communicate with your assigned writer, or seek updates on your paper’s progress, our support team is always ready to provide prompt assistance.
• Absolute Privacy : At iResearchNet, we prioritize the privacy and confidentiality of our clients. All personal information and communication are kept strictly confidential, and we do not disclose any client details to third parties. We use secure encryption technology to safeguard client data and ensure a safe and secure environment for transactions.
• Easy Order Tracking : Our user-friendly platform allows clients to easily track the progress of their orders. You can stay informed about the status of your research paper, communicate with your writer, and access completed drafts conveniently through our website.
• Money Back Guarantee : We are confident in the quality of our services, and we offer a money-back guarantee to ensure client satisfaction. If a client is not satisfied with the delivered research paper or if it does not meet the specified requirements, we provide a refund as per our money-back policy.

At iResearchNet, we are dedicated to supporting law students in their academic pursuits by offering custom competition law research paper writing services that cater to their unique needs. Our team of expert writers, commitment to quality, and personalized approach ensure that each research paper is crafted to the highest academic standards and contributes to the advancement of competition law knowledge. With our reliable and efficient services, students can confidently embark on their competition law journey, knowing that they have a trusted partner in iResearchNet.

Unleash the Potential of Your Research with iResearchNet

Are you a law student looking to excel in the field of competition law research? Do you find yourself grappling with complex legal principles and economic concepts while writing your competition law research paper? Look no further! iResearchNet is here to empower your academic journey and unleash the full potential of your competition law research.

Unleash the potential of your competition law research with iResearchNet’s custom research paper writing services. Our expert guidance, personalized approach, and commitment to quality empower you to excel in your academic pursuits. Let us be your trusted partner in navigating the complexities of competition law and crafting research papers that leave a lasting impact. Take the next step in your competition law journey with iResearchNet, and watch your academic achievements soar to new heights. Get started today and experience the difference!

ORDER HIGH QUALITY CUSTOM PAPER

• Search Menu
• Browse content in Arts and Humanities
• Browse content in Archaeology
• Prehistoric Archaeology
• Browse content in Art
• History of Art
• Browse content in Classical Studies
• Classical History
• Classical Literature
• Classical Reception
• Greek and Roman Archaeology
• Digital Humanities
• Browse content in History
• Diplomatic History
• Environmental History
• Genocide and Ethnic Cleansing
• History by Period
• Legal and Constitutional History
• Regional and National History
• Social and Cultural History
• Theory, Methods, and Historiography
• World History
• Browse content in Language Teaching and Learning
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Language Evolution
• Language Families
• Lexicography
• Browse content in Literature
• Bibliography
• Literary Studies (American)
• Literary Studies (20th Century onwards)
• Literary Studies (British and Irish)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Medicine and Music
• Music Theory and Analysis
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Philosophy of Science
• Philosophy of Mind
• Philosophy of Mathematics and Logic
• Practical Ethics
• Browse content in Religion
• Christianity
• Judaism and Jewish Studies
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Ethical Issues and Debates
• Browse content in Law
• Arbitration
• Company and Commercial Law
• Comparative Law

Competition Law

• Browse content in Constitutional and Administrative Law
• Parliamentary and Legislative Practice
• Employment and Labour Law
• Environment and Energy Law
• Financial Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Society
• Legal System and Practice
• Medical and Healthcare Law
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Dietetics and Nutrition
• Physiotherapy
• Radiography
• Anaesthetics
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Geriatric Medicine
• Infectious Diseases
• Medical Toxicology
• Medical Oncology
• Rheumatology
• Sleep Medicine
• Clinical Neuroscience
• Community Medical Services
• Critical Care
• Forensic Medicine
• History of Medicine
• Browse content in Medical Dentistry
• Restorative Dentistry and Orthodontics
• Medical Skills
• Medical Ethics
• Medical Statistics and Methodology
• Browse content in Neurology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Paediatrics
• Browse content in Pathology
• Clinical Cytogenetics and Molecular Genetics
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Preclinical Medicine
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• Neurosurgery
• Plastic and Reconstructive Surgery
• Trauma and Orthopaedic Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Physical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Human-Computer Interaction
• Mathematical Theory of Computation
• Browse content in Computing
• Computer Security
• Computer Networking and Communications
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Meteorology and Climatology
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• Transport Technology and Trades
• Browse content in Environmental Science
• Environmental Sustainability
• Management of Land and Natural Resources (Environmental Science)
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• Mathematical Education
• Mathematical Analysis
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Neuroscientific Techniques
• Browse content in Physics
• Astronomy and Astrophysics
• Classical Mechanics
• Relativity and Gravitation
• Browse content in Psychology
• Clinical Psychology
• Cognitive Psychology
• Cognitive Neuroscience
• Health Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Human Evolution
• Browse content in Business and Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• Organizational Theory and Behaviour
• Public and Nonprofit Management
• Browse content in Criminology and Criminal Justice
• Criminology
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic History
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• Health, Education, and Welfare
• Labour and Demographic Economics
• Law and Economics
• Public Economics
• Urban, Rural, and Regional Economics
• Browse content in Education
• Schools Studies
• Teaching of Specific Groups and Special Educational Needs
• Environment
• Browse content in Human Geography
• Economic Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• Foreign Policy
• Gender and Politics
• International Relations
• International Organization (Politics)
• Political Sociology
• Political Behaviour
• Political Economy
• Political Institutions
• Political Theory
• Public Administration
• Public Policy
• Quantitative Political Methodology
• Regional Political Studies
• Security Studies
• Browse content in Regional and Area Studies
• African Studies
• Japanese Studies
• Research and Information
• Browse content in Social Work
• Addictions and Substance Misuse
• Browse content in Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Migration Studies
• Race and Ethnicity
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Urban and Rural Studies
• Journals A to Z
• Books on Oxford Academic

Read a chapter from Regulating Big Tech

Explore OUP’s Higher Education Resource: Competition policy and economics from Competition Law (10th edn ) by Richard Whish and David Bailey

Sign up for free email alerts to get the latest research straight to your inbox.

Affiliations

• Copyright © 2024
• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Institutional account management
• Rights and permissions
• Get help with access
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Sustainability and Competition Law: An International Report

• Open Access
• First Online: 14 January 2024

Cite this chapter

You have full access to this open access chapter

• Julian Nowag 5 , 6  

Part of the book series: LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition ((LIDC))

2175 Accesses

The interaction between sustainability and competition law has recently come onto the agenda of many competition agencies and international institutions. The International League of Competition Law (LIDC) has thus decided to explore the topic at the LIDC Congress on 20–22 October 2022 in Milano. This report provides an introduction into the debate and overview about the different national reports which were submitted from 11 countries (namely Austria, Belgium, Brazil, Czech Republic, France, Germany, Hungary, Italy, Malta, Switzerland, United Kingdom) and are contained in this book. The report first sets out the general legal framework on the interaction between competition law and sustainability in the different countries. The second part of the report addresses specific interactions between competition law and sustainability, exploring cases in the areas of co-operation, cartels, abuse/monopolisation, and mergers. It is subdivided into a section looking at ‘shield’, in other words, whether companies that take action to foster sustainability can rely on that fact before competition authorities, and the role of competition law as a ‘sword’ (cases where protecting competition was in turn expected to be beneficial to sustainability). The third part addresses ‘greenwashing’. The fourth part explores how agencies, beyond specific cases, have become active in the area, for example by setting out priorities, guidelines, working papers, and individual guidance and strengthening capacity. The final part briefly highlights some of the contributions that the reports have mentioned in other closely related areas of law, such as false advertising or unfair competition.

You have full access to this open access chapter,  Download chapter PDF

Similar content being viewed by others

Assessing Efficiencies and Benefits of “Sustainability Agreements” in the Postal Sector

Business and Sustainability: An Introduction

Nachhaltigkeitsziele in der Wirtschaftspolitik — juristische Überlegungen

1 introduction.

While recent years have been dominated by Covid-19 and now the war in Ukraine, we are witnessing numerous ongoing tragedies. The last few decades have seen a dramatic increase in freak weather events caused by climate change. We have seen dramatic biodiversity loss of the global wildlife population at an average of 69% since 1970 on top of general environmental degradation. These problems are a part of a broader sustainability challenge that humankind faces. As such, sustainability is defined as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ by the UN in 1987. Footnote 1 This definition acknowledges that issues of environmental protection, economic development, and social progress are interconnected by shifting the focus from environmental problems to the causes of these problems. While a trade-off might occasionally be needed, it does not require balancing growth against environmental sustainability. Economic growth is still possible while preserving the environment; moreover, that growth may be important for ecological protection and social equity. Footnote 2

Sustainability has been on the agenda of international organisations and countries for years, yet the world of competition law has only recently started talking about the subject. As such, we have also seen the concept of sustainability increasingly embraced by the business community, Footnote 3 and we can observe a drive for more sustainable business activity. Footnote 4 This development might have to do with the 2030 Agenda and goal number 12.6 in particular. This goal highlights the need for companies to adopt more sustainable business practices.

While it is clear that addressing sustainability concerns is not the primary concern of competition and the task of competition agencies, questions still arise. What role can competition law play in supporting the transition to a more sustainable operation of markets? And it might not be surprising that competition authorities around the world are anticipating more frequent questions around sustainability and competition. Footnote 5 Some agencies, such as the Dutch, Footnote 6 Greek, Footnote 7 German, Footnote 8 UK, Footnote 9 and EU Footnote 10 authorities, have already become active by adopting policy papers etc. Similarly, the OECD’s Competition Division has discussed the issue, Footnote 11 followed up with discussions about environmental protections Footnote 12 and the measurement of environmental benefits for antitrust purposes. Footnote 13

Against this background, the International League of Competition Law (LIDC) had decided to explore the topic of sustainability and competition law at the LIDC Congress on 20–22 October 2022 in Milano. Given that this is a new and emerging topic, it was expected that many jurisdictions would not have pre-existing cases or considerable experience with the subject. Hence, the national reporters were asked to not only provide cases but also suggest how their national system would and could address the interaction between competition law and sustainability.

The report is based on the submissions of 11 countries, namely Austria, Belgium, Brazil, Czech Republic, France, Germany, Hungary, Italy, Malta, Switzerland, and the United Kingdom. It aims at summarising the findings regarding core competition law provisions, the prohibition of coordinated practices, the abuse of a dominant position, and merger regulation. It leaves aside closely related areas, such as false advertising or unfair competition, yet mentions them in a section on other related subjects.

The report first sets out the general legal framework on the interaction between competition law and sustainability in the different countries. Here, the focus is on legal obligations regarding sustainability that might affect the application of competition law. This section is aimed at addressing questions such as: what can be said about the role of sustainability in competition law according to the different national laws? Should sustainability play a role? Can it play a role? And would that be purely up for the competition authority to decide? The first part of the report, therefore, sets out national rules that are important to the interaction between sustainability and competition law.

The second part of the report addresses the core question by looking at specific interactions between competition law and sustainability, exploring cases in the areas of co-operation, cartels, abuse/monopolisation, and mergers. It is subdivided into two sections. The first part explores cases where sustainability played a role in the enforcement of competition law in form of a ‘shield’, Footnote 14 in other words, whether companies that take action to foster sustainability can rely on that fact before competition authorities. This can take different forms: for example, the agency might find that competition is not restricted, that on balance the restriction can be outweighed, or that the case is not taken up based on priorities. The second part addresses the role of competition law as a ‘sword.’ This pertains to cases where protecting competition was in turn expected to be beneficial to sustainability, such as protecting competition in industries crucial to sustainability.

The third part addresses a concern that is often heard in the debate, namely ‘greenwashing’. The report presents a broad definition of greenwashing and summarises the reported instances.

The fourth part deals with the policy side. It explores how agencies, beyond specific cases, have become active in the area, for example by setting out priorities, guidelines, working papers, and individual guidance and strengthening capacity. Similarly, it discusses any existing future plans of agencies and legislatures.

The final part briefly highlights some of the contributions that the reports have mentioned in other closely related areas of law, such as false advertising or unfair competition.

2 General Framework

In this section, we look at the different legal frameworks of the participating jurisdictions and how the relevant general framework of their national legal order regarding sustainability interacts with competition law. While the majority of countries do not have specific clauses that address sustainability—the revised version of the Austrian competition law and the Hungarian being the exception—many countries have provisions in their constitution or in other areas of the law that require an engagement with sustainability. The different reports also make clear that the jurisdictions are at different positions as to the level of importance attached to climate change and sustainability more generally. It also becomes clear that occasionally different definitions of sustainability are used by the competition authorities, although the UN sustainable development goals play a significant role.

Some country reports, like the Italian one, show how sustainability is being linked to markets, competition, and even industrial policy. The Italian report highlights the link to the concept of ecological transition, which in turn stems from the EU Recovery and Resilience Facility of 12 February 2021 (Regulation 2021/241) and the implementing of April 2021. Ecological transition for Italy is then linked to increasing ‘the competitiveness of the production system of goods and services, stimulating new entrepreneurial activities, and encouraging the creation of stable employment’. Footnote 15

In terms of sustainability and competition law, the Italian authority highlights the complementary role of competition law to regulation and taxation in fostering an environmentally sustainable growth model. It highlights how competitive pressure fosters allocative efficiency also in terms of natural resources, the importance of innovation to limit CO2 emissions, and the use of renewable energy. Footnote 16 The authority sees its task in balancing the dynamic and competitive markets with promoting investments by companies in terms of environmental sustainability. Further, they claim to be ready to develop the application of competition law in co-operation with the EU Commission and other agencies to expand the range of available instruments in support of sustainable and competitive development. Footnote 17

The Czech report highlights their alignment with EU law and presents a ‘long journey ahead’ with slow moves and possibly even reluctance towards the inclusion of sustainability in its policies and law. Footnote 18 For example, the Czech Republic adopted a first strategy for sustainable development only in 2004. Footnote 19 Its updated version sets out key principles and goals in various sectors. Footnote 20 As the report highlights, an overview of the legislative acts seems to show that the inclusion of sustainability is not a proactive legislative choice but rather a result of compliance with EU law. The report also highlights that while not mentioning sustainability in competition law, the consideration seems possible as far as EU law does so.

While no specific legislative acts address the interaction between competition law and sustainability, the Belgian competition authority sees the current legislative framework as allowing sustainability considerations, including ‘out-of-market’ considerations, to be taken into account. Footnote 21 It would do so by considering the total and the consumer welfare benefit and the general economic interest. Footnote 22 On the judicial level, the Court of First Instance of Brussels found that the various Belgian governments have been negligent in their climate policy, Footnote 23 yet it stopped short of imposing specific obligations.

Brazil also does not have any specific provision in its competition law that addresses sustainability. Brazilian competition law instead seems more focused on ‘the freedom of initiative, free competition, social function of property, consumer protection and repression of the abuse of economic power’, as the Brazilian report highlights. Footnote 24 Yet the report also highlights that competition law can be interpreted to foster sustainability as competition law seeks to ‘promote human rights, efficiency and consumer welfare’, Footnote 25 particularly in view of the Federal Constitution. Footnote 26

The Brazilian economic order, as foreseen by the Constitution, is ‘founded on the valorisation of human work and free initiative (or free enterprise), [and] aims, through social justice (Article 170 of the Constitution), to contribute to the achievement of human dignity’. Footnote 27 Moreover, Article 225, which is a part of the economic rights section of the Constitution, sets out a right for everyone to an ecologically balanced environment. It thereby imposes a duty upon the government and the community. This duty is to defend and preserve the environment for present and future generations, also by means of antitrust, as the report highlights. The report also highlights how the absence of a position by the CADE—the Brazilian Competition Authority—might create legal uncertainty that might deter companies from taking action. Yet CADE seems ‘attentive to foreign initiatives’ such as the Dutch proposal, and it is likely that CADE will take a position on these matters in the future.

As the French report highlights, sustainability (with a particular view to environmental sustainability) is not specifically mentioned in the French competition law but plays a role in enforcement. The report highlights how environmental quality and performance are now an established parameter on which undertakings compete. Footnote 28 More specifically, the report sets out that Article L. 420-4, which is similar to Article 101(3) TFEU, is seen by the French competition authority as a basis for providing exemptions for sustainability initiatives by companies where its conditions are met, as the authority considers environment protection as a form of economic progress. Footnote 29 In the field of mergers, the competition authority takes a similar view, as economic progress is part of the assessment of a merger’s benefits according to Article L. 430-6. Thus, the agency has qualified the ability of the parties to abandon technologies that damage the environment as a benefit and have used it, inter alia , to approve a merger. Footnote 30

Overall, the report notes that while economic progress is a broad concept and encompasses environmental benefits, the French agency focuses on the principle of proportionality, which it implements in ‘a cautious manner’. Footnote 31 The assessment by the agency examines whether ‘the environmental goal exists’. And if it does, the agency examines whether it is not already pursued by the applicable regulation. Footnote 32 It also makes sure that the environmental benefits may not be achieved by means that are less restrictive to competition. Footnote 33 Moreover, these benefits must be passed on to the consumer. The president of the agency announced that the agencies will be improving the assessment of the passing on to consumers of such environmental benefits. Footnote 34

For the future, the report highlights two possible routes for French competition law. First, it could adopt a specific aggravating factor in its fining practice where negative impacts on the environment exist. Second, French competition law may provide a specifically lenient treatment for measures that provide environmental benefits beyond what is already happening. The French report highlights that this would be difficult, given the mandate of the competition authority to protect competition, but that a better translation of environmental benefits and harms into the framework of competition law can certainly be a path forward.

While there are no specific articles in the German competition act related to sustainability at present, Footnote 35 the German competition authority relies on the UN sustainable development goals, including their environmental and social dimensions. Footnote 36 But most importantly, German competition law would need to be interpreted in line with EU law. The German report highlights that the German Constitution requires the State to protect the environment (Articles 1, 2(1), and 20a of the Basic Law). Article 20a has recently been the focus of the debate and while predominantly addressing that the legislature also binds public authorities when they interpret the relevant statutes. Footnote 37 This obligation to take into account the effects on the climate when making a decision is also spelled out in Section 13(1)1 of the Climate Protection Act. Yet this obligation might create challenges when implementing competition law where the original objective of the law is different.

The UK report highlights the importance that the UK government and their competition authority have attached to sustainability and climate change in particular. The report also emphasises the influence that EU competition law has even though it is now legally possible for the UK to diverge from EU competition law. Against this background, the UK competition authority has become increasingly active in this area. It cites sustainability as a ‘strategic priority’ in its latest annual reports with a particular focus on the transition to a low carbon economy. The agency thus aims to prioritise cases that could impede the net zero goals of the UK. Moreover, the agency has issued a guidance note for sustainability issues in antitrust, mergers, and market regimes with a focus on environmental sustainability. In this sense, the agency has not made any reference to the broader UN sustainable development goals.

The report from Malta highlights that its Constitution has, since 2018, provided for an obligation to ‘protect and conserve the environment and its resources for the benefit of the present and future generations and shall take measures to address any form of environmental degradation in Malta, including that of air, water and land, and any sort of pollution problem and to promote, nurture and support the right of action in favour of the environment’. Footnote 38 – Footnote 39 This is a positive obligation imposed upon the government, but it does not seem to be judicially enforceable. Yet it remains ‘fundamental to the governance of the country and it shall be the aim of the State to apply these principles in making laws’. Footnote 40

In line with the Brundtland report, sustainability is defined under the Sustainable Development Act as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. Like many competition laws, the Maltese competition law does not make reference to sustainability. Yet the report highlights ‘that sustainability can be part of the assessment to be made by the Office for Competition within the Malta Competition and Consumer Affairs Authority […], and by Civil Court (Commerce Section) and other courts and tribunals where applicable (hereinafter the ‘Malta courts’), when assessing claims of breaches of competition law and proposed concentrations’. Footnote 41

In Switzerland , sustainable development, as understood by the Brundtland Commission, is a principle that binds the Federal State and the Cantons via Article 2 of the Federal Constitution. This article makes sustainable development a national goal to be achieved. Moreover, Article 72 demands that the various parts of the State strive for ‘[…] a balanced relationship between nature and its ability to renew itself, on the one hand, and the demands placed on it by the human race, on the other’.

Sustainable development is pursued by national sustainability plans, and some Cantons have also adopted their own law to govern action at that level of the Swiss state. While competition law does not specifically address sustainability, the national report highlights that Articles 2 and 73 of the Constitution should guide the national competition agencies. In competition law, Article 5(2)(a) of the Cartel Act might gain particular relevance as it mentions the more rational use of resources as a reason for economic efficiency that can justify restrictions of competition. The report also highlights that ‘the term “resources” includes (i) entrepreneurial resources, such as money, (ii) public resources, (iii) natural resources and (iv) knowledge. Footnote 42

Austria is the only jurisdiction that specifically addresses sustainability in its competition law. Thus, the Austrian reports highlights Austria’s recent changes to their competition law in 2021, which was aimed to address an environmentally sustainable and carbon-neutral economy. The change included a provision that guides the authorities in the definition of consumer benefit. The provision now states:

Consumers are also allowed a fair share of the resulting benefit, if the benefit derived from improving the production or distribution of goods or promoting technical or economic progress contributes significantly to an environmentally sustainable or carbon-neutral economy.

This definition is particularly relevant for the exemption for agreements deemed to restrict competition. The report, however, notes that notwithstanding this legislative clarification, uncertainty remains which stems from questions about the exact scope and the relationship of Austrian competition law to EU competition law.

The Hungarian report notes that, just as in Austria, a specific environmental protection can be found as a ground for exempting agreements, the equivalent to Article 101(3) TFEU. In particular, Article 17 sets out:

An agreement is exempted from the prohibition pursuant to Article 11 [the prohibition of anti-competitive agreements] provided that i. it contributes to a more reasonable organisation of production or distribution, the promotion of technical or economic progress, or the improvement of competitiveness or of the protection of the environment. ii. it allows trading parties not participating in the agreement a fair share of the resulting benefit; iii. the concomitant restriction or exclusion of competition does not exceed the extent necessary to attain iv. economically justified common goals; and v. it does not enable the exclusion of competition in respect of a substantial proportion of the goods concerned.

Moreover, sustainability is also constitutionally enshrined. Under the heading ‘Foundations’, Article Q(1) sets out ‘sustainable development of humanity’ as an aim of the state. Moreover, Article XXI provides for a right to a healthy environment. These provisions also have bearing on the application of competition law by the courts. As the Hungarian report points out, Article 28 of the Fundamental Law explains that ‘[i]n the course of the application of law, the courts shall in principle interpret the laws in accordance with their objective and with the Fundamental Law. […].’

3 Specific Interaction and Cases

In this section, we look at the specific interaction between competition law provisions on co-operation, cartels, abuse, monopolisation, mergers, and sustainability covering general interaction and specific cases. The section is subdivided into two parts. The first part covers the shield situation, where companies take action aimed at fostering sustainability and the extent to which they are able to rely on sustainability before competition authorities. This can either take the form of a finding that competition law was not infringed in the first place, for example, because the relevant entities or activities were not subject to competition law or because competition was not restricted or because the sustainability benefits have the potential to outweigh the competitive harm. The second section addresses the sword situation. These are situations where the agency or courts became active using the competition rules protecting competition, and this competition in turn was expected to be beneficial to sustainability, for example by protecting competition in industries crucial to sustainability. In other words, the section addresses the question of whether and to what extent it is possible to use competition law to address unsustainable business practices, such as abuses of monopoly power. Three reports of the reports submitted by the 11 jurisdictions state that there have been no cases concerning sustainability and competition law. The Czech report highlights that no cases were found involving competition law and sustainability. Furthermore, even cases in other areas of law where sustainability is of concern have been rare. Brazil also has not reported any cases involving sustainability, while the agency is said to be taking an active interest in the development in other jurisdictions. Similarly, the Belgian report highlights that the Belgian authority has not dealt with sustainability concerns, although it would in general be willing to address these in its competition analysis.

Several of the national reports mention cases or explain how sustainability might function as a shield in their jurisdictions.

In France , an exception similar to Article 101(3) TFEU is contained in Article L. 420-4. But this exception applies not only to agreements but also to abuses. As early as 1973, the agency found that the prevention of environmental pollution was part of the definition of ‘economic progress’, on which the article relies. The first case where environmental protection serves as a ground for exemption under this provision appears in a 1988 case relating to salt and the related environmental protection concerns. Another case can be identified in 1999 regarding used batteries. However, as the report points out, more recent cases in this regard are lacking.

In the merger context, in a case from 1994, the agency accepted that the abandonment of the most polluting production techniques would be technical progress that could justify the authorisation of a merger. A year later, in another case, the agency, however, clarified that the sole compliance with existing environmental protection laws would not be considered as such economic and technical progress.

The German report highlights that exceptions existed in German competition law that might have captured sustainability matters, such as an exemption from the taking back or disposal of goods or services. These were abolished by the legislature. Yet the legislature highlighted that these changes were meant to bring German competition law in line with EU law rather than to affect substantial change. The legislative documents also highlight that a change is not to be expected as European competition law and policy would already be required to take environmental protection into account.

In Germany, there has been a debate about the extent to which Section 2(1) of the competition act (which sets out the prohibition on anti-competitive agreements) can be interpreted more narrowly to allow sustainability initiatives. Where such an interpretation is based on climate law, a full climate impact assessment would be required.

The report notes that the German competition authority’s position seems to have developed over time. Until 1995, the agency used an approach that allowed for the balancing of competition restrictions with public interests, such as public health and environmental protection. This approach has been described as a full balancing within the substantive assessment, sometimes as an exercise in enforcement discretion in terms of priorities. After sustained critique, the competition authority moved away from the substantive balancing approach and instead adopted an approach based on its enforcement discretion and priorities. In other words, anti-competitive action can be ‘tolerated’ even if there is a restriction of competition. This exercise of discretion can be used either for avoiding the allocation of enforcement recourses for minor restrictions or in cases where the strict enforcement of competition law would create serious clashes between protecting competition and other objectives. A prime example mentioned in the report is the competition authority’s activity in the waste management areas. The German legislature enacted a new code to address the recycling of plastic waste. It had been warned by the agency that this might create serious problems with competition law. Yet the legislature still went ahead without changing the competition law framework.

The report highlights a major downside of this approach—the lack of legal certainty. The competition agency can change its mind at any time, and private enforcement stays a relevant risk.

Three recent cases are highlighted by the report: the decision regarding Fairtrade, the Living Wages initiative, and the Initiative Tierwohl case. In these cases, the agency decided that the restrictions of competition—in the case of Initiative Tierwohl, after further changes suggested by the agency—did not restrict competition to an extent that would warrant the competition agency to bring a case.

Yet the report highlights how sustainability might be considered as part of the substantive assessment of Section 2 of the German competition act, which is the national equivalent of Article 101(3) TFEU, and how this section should be applied in conformity with EU law. The report further elaborates that the current view in Germany is that the benefit would therefore have to occur within the same group of consumers that are affected by the restrictions. Notwithstanding, there is a lively debate. The developments in the Netherlands and the more generous approach in the Commission’s draft guidelines have been received with great interest.

While there are no reported cases of sustainability defences regarding unilateral conduct, the report notes regarding mergers that sustainability efficiencies could theoretically be taken into account even though no cases exist yet. This lack of cases is, however, not surprising, given that, so far, no efficiency argument has ever been successful before the German competition authority. Yet a different tool can come into play in this regard: the approval by the relevant minister on public interest grounds, even where the German competition authority has prohibited the merger. The ministry mentions environmental concerns as one of the interest grounds that can be relied upon. Footnote 43 In the case of Miba/Zollern, such an argument had been successful, while in the E.ON/Ruhrgas merger, the relevant minister did not take up the arguments of the parties in this regard but approved the merger based on other reasons. In the Miba/Zollern case, the main argument was one of benefits in terms of ‘know-how and innovation potential for energy transition and sustainability’, which would outweigh restrictions of competition that would only be minor as a level of competition remained.

The UK report highlights that sustainability concerns have only played a limited role in the actual enforcement work or private enforcement. Beyond a sector enquiry into vehicle charging points, no cases have been reported. Thus, the report provided ideas on how sustainability might function as a shield under UK competition law with a particular focus on agreements that do not restrict competition within the meaning of the Chapter I prohibition on anti-competitive agreements and exemptions for such agreements satisfying the conditions of Section 9, the equivalent of Article 101(3) TFEU. The report also highlights the possibility that certain sustainability agreements, such as climate-change-related ones, could be excluded altogether from the scope of Chapter I, as witnessed for certain agreements during the Covid crisis.

With regard to the exception under Section 9, the report highlights the debate around the UK Supreme Court’s judgment in Sainsbury’s Supermarkets Ltd v Visa Europe. The debate concerns the question of whether full compensation of the affected customers is a requirement. The report highlights that the competition authority announced that it would apply the ‘fair share’ criterion with a degree of ‘flexibility’ and rely on Section 60A to depart from EU precedent as applied by the Supreme Court, if needed. The report also highlights that the competition authority has not positioned itself clearly with regard to collective benefits and seems in this regard to be behind the EU Commission, which set out its approach in the draft guidelines on horizonal co-operation.

While no cases of using sustainability as a defence of abuse under Chapter II have been reported, the agency highlighted this possibility and suggested a case-by-case assessment.

In the area of mergers, the report notes that the UK competition agency has recognised that environmental benefits can constitute merger efficiencies in its recently updated merger guidelines. These can be assessed as rivalry-enhancing efficiencies, such as research and development (R&D), or as relevant customer benefits, as long as they are merger specific. While rivalry-enhancing efficiencies are typically related to the market, which is affected by the merger, the relevant customer benefits are not and can appear in other markets. As the agency mentions, relevant customer benefits may include lower energy costs or a lower carbon footprint of the firm’s products. The agency has more recently assessed such claims in two merger cases (Cargotec/Konecranes and Pennon Group plc/Bristol Water) but found that the parties had not provided sufficiently detailed evidence.

The Maltese report highlights that sustainability might function as a shield in cases involving Article 5 of the Competition Act, particularly under Article 5(3), which is the equivalent of Article 101(3) TFEU. Similarly, it might function as an objective justification under the abuse prohibition and efficiency gain in merger review. While there are no reported cases and no guidance from the agency, the guidance by the EU Commission will be of particular relevance once adopted. The Competition Act imposes a duty on the competition authority and the courts that these ‘shall have recourse […] to relevant decisions and statements of the European Commission including interpretative notices on the relevant provisions of the TFEU and secondary legislation relative to competition […]’.

The Austrian report notes that not all sustainability agreements are within the scope of the prohibition on anti-competitive agreements, such as certain environmental standardisation agreements. Moreover, it underlines the possibility of considering sustainability under Section 2(1) of the Cartel Act, the equivalent of Article 101(3) TFEU. Previously, it was considered that out-of-market efficiencies could not readily be considered under this provision. The amendments to the Cartel Act are meant to provide legal certainty. They clarify that out-of-market environmental sustainability benefits are assumed to be passed on to consumers. In other words, as the legislative material notes, environmental sustainability and contributions to net zero always benefit society at least in the long run and thereby compensate the affected consumers as part of society. This also distinguishes environmental sustainability from other elements of sustainability. In these cases, Austrian law would still require the direct compensation of the consumers affected. Yet, in any case, the exemption for environmental sustainability cannot apply to hardcore restrictions like price fixing.

The new guidelines of the authority set out specific steps for the exemption criteria to be fulfilled. There must be technological or economic progress, and it must contribute to environmental sustainability (e.g. carbon neutrality). This contribution must be significant while not imposing indispensable restrictions or eliminating competition in respect of a substantial part of the product.

There is a debate as to the extent that this exemption is broader and will be applied in practice. The exemption covers only cases without a cross-border element to which Article 101 TFEU would apply.

The Swiss contribution reports that the use of practices such as more sustainable packaging material can be seen as efficiency gain that is positive for the consumers within the meaning of Article 5(2)(a) of the Cartel Act. This is the case where they are sufficiently linked to agreement. But even where there are doubts as to the permissibility under that article, Article 8 allows for the Federal Council to provide an exemption on public interest grounds. The report also describes several cases where sustainability played a role in Article 5(2)(a), with cases as early as 1997 concerning the disposal of electronic waste. It also highlights a project where the agency found that the envisioned CO2 savings were not sufficient to justify the restriction of competition.

The report notes how this practice seems to contrast sharply with merger decisions. There, the competition authority seems to not take account of such benefits. In particular, the report underscores the ‘Swiss H2 Generation’ case, where the agency mentioned the importance of hydrogen for the global energy transition but then decided the case purely on grounds of market shares and the potential for creating a dominant position.

The Hungarian report highlights that under the specific exemption for environmental protection, numerous agreements could be exempted, such as those that ‘jointly develop a production technology that reduces energy consumption; [the sharing] of infrastructure with a view to reducing the environmental footprint of a production process; [the joint] purchase [of] products having a limited environmental footprint as an input for their production; an agreement […] to purchase from suppliers observing certain sustainability principles’. Yet, as the report notes, hardcore restrictions cannot benefit from this clause. The report also highlights that the competition authority, although sympathetic in principle, has not yet fully accepted such a defence where the parties ex post tried to mount environmental protection as a defence. Footnote 44 Yet, as Hungarian competition law needs to be compliant with EU law, where a cross-border situation exists, the report expects further developments once the EU horizontal guidelines and its sustainability chapter are adopted.

The picture is similar in abuse cases. Environmental protection was occasionally argued as a defence, but these cases were mostly not decided so that it was not clear whether and to what extent these arguments would have convinced the agency. The report comments that the agency would be open to assess such arguments but that the benefits would have to be clearly shown.

For mergers, the report envisions the possibility that sustainability benefits could be argued as part of the efficiency defence and that the agency would examine them seriously or that such an agreement could be exempted by the government under the public interest exception of Section 24/A of the Competition Act. Yet such cases have not been observed yet.

It might be well known that the environmental but more generally the sustainability aspects of a product are part of the quality or performance of a good or service. Thus, they can be a parameter on which undertakings compete. In this sense, competition on these aspects may be hindered, and it might fall under the prohibitions of anti-competitive conduct or be prohibited as an anti-competitive merger. In these cases, we speak of competition law used as a sword.

Of those countries that submitted reports on the substantive interaction between competition law and sustainability, three countries did not report cases or could not address the matter in more detail. This is the case regarding the Austrian report. The Maltese report also mentions that it is conceivable that competition law might function as a sword in the fight against unsustainable practices, particularly with regard to the abuse prohibition. Similarly, the Swiss report did not record any cases where competition law was used to attack unsustainable practices. Moreover, the Swiss report expressed doubt as to whether the competition authority would take account of such negative effects on sustainability, given its mandate to protect competition.

In France , the agency has considered sustainability in several cases where competition law was used as a sword in the context of their provision addressing anti-competitive agreements, unilateral conduct, and mergers. In the context of anti-competitive agreements, the agency has fined companies that have prevented competition based on the sustainability element. This happened in a case involving manufacturers of PVC and linoleum flooring that agreed not to compete and not to provide customers with information on the environmental performance of their products. A currently ongoing case concerns an agreement of manufacturers of food containers not to advertise and market BPA-free products before a French law banning the use of BPA in food packaging would come into effect.

With regard to dominance, the report mentions a case regarding Nespresso machines. The agency took steps to ensure that not only Nespresso-branded capsules could be used in these machines. And while this case did not specifically mention sustainability, it paved the way for things such as biodegradable capsules. Similarly, one could imagine that coffee produced in other, more sustainable ways might now be available, such as coffee produced with higher levels of social sustainability.

In merger control, the report highlights the indirect usage of sustainability as a sword. For example, the report highlights how the agency in one case defined sustainable products as a distinct product market. This allowed the agency to identify specific problems in certain regions that could then be addressed in the form of commitments.

In terms of the sword, the German report highlights that in several non-sustainability-related cases, the courts have taken a more extensive approach to ensure compliance with the Constitution and fundamental rights in particular. In these cases, the competition provision was interpreted more expansively. This interpretation meant that behaviour was prohibited where it would usually be questionable as to whether it is covered by the prohibitions.

In this line, the report highlights the discussion regarding the German prohibitions on abuse and whether these might be used to address unsustainable practices. The report highlights that this might be possible where the conditions of the Facebook case are fulfilled. In other words, there must be a sufficiently close connection between the violation of a certain law, competition, and harm to consumers.

The report also highlights earlier cases where intervention by the agency had positive impacts on sustainability whether intended or not, particularly highlighting cases from the waste management sector involving Duales System Deutschland (DSD).

In terms of the sword, the UK report highlights that the agency has started to investigate arrangements regarding the recycling of old vehicles and explained its actions with its commitment to prioritise environmental sustainability cases. This seems to be mainly the case with regard to anti-competitive agreements as the report also highlights that the abuse provision has not been substantially featured in the sustainability debate in the UK. The report, however, makes suggestions on how the UK competition authority could address unsustainable and exploitative actions by dominant companies where the unstainable practice has a reasonable nexus to competition.

The sword question has also been relevant in the context of mergers. The competition authority has highlighted in its new merger guidelines that competition between parties can be sustainability related (e.g. energy efficiency, sustainability innovation) and that such competition would need to be protected. This can take the form of remedies or prohibition decisions. In the Cargotec Corporation / Konecranes Plc case, the agency in fact found that the companies were competing on environmental-performance-related matters. But there was still sufficient evidence that the transaction would not result in a substantive lessening of competition. Importantly, the UK competition authority has committed to conducting at least a market inquiry in markets relevant to the net zero target within the next fiscal year.

In Hungary , the report notes that the idea of competition as a sword seems possible within certain limitations. And while no cases have been observed with regard to agreements, abuse, or mergers, the further development of EU law in this regard will be influential. Moreover, in the areas of digital markets, the competition authority has shown that it is willing to examine ‘non-price effects, namely, the merger’s effect on quality, variety and innovation’. Footnote 45

6 Greenwashing

Greenwashing is a concern that is often raised in the context of the debate about sustainability and competition law. Thus, the country rapporteurs were specifically asked about cases of illegal anti-competitive conduct that occurred in the context of sustainability initiatives. These involved cases where companies gave the false impression of pursuing a sustainability initiative when they really served as a cover for anti-competitive behaviour and cases of genuine sustainability initiatives that served as a springboard for other anti-competitive behaviour. While these cases can clearly be distinguished on a theoretical level, a certain overlap can also be found, in particular where genuine sustainability initiatives ‘spill over’ into anti-competitive practices such as price fixing. Hence, these cases are grouped together here.

Regarding the issue of green washing, many reports highlight the possibility of addressing such matters under unfair competition, consumer protection law, or rules of false advertising. In the more specific competition law sense, greenwashing refers to situations where a sustainability benefit was claimed but the actual agreement pursues alternative, anti-competitive objectives; in other words, these are disingenuous sustainability initiatives.

Even with this broad definition of greenwashing and specific questions about it, not many jurisdictions reported cases, including those jurisdictions where sustainability is a rather established parameter that might exempt anti-competitive agreements. Reports of such situations have been received from Brazil and Germany. In France, the competition agency does seem to look into such cases.

The Brazilian report highlights one case involving an association in the sand industry. The case concerned the unloading and storage at a sand terminal and also involved environmental concerns. The association served as a springboard to share sensitive commercial information. The remedies imposed in that case addressed competition and environmental concerns.

The German report mentions two cases of potential greenwashing where companies made claims in proceedings that were subsequently refuted by the agency. For example, in the 2007 DSD case, the report cites the head of the competition authority, who said: ‘We will not allow anti-competitive cartel agreements to be made under the guise of environmental protection.’ Footnote 46 This statement needs to be seen as a response to the companies’ claim in the proceedings that the monopolistic structure that they created for recycling purposes was needed in order to achieve a functioning recycling system. In a more recent example, the agency provided individual guidance. In Agrardialog Milch, Footnote 47 the aim was to establish a unified surcharge for producers of raw milk as the cost of production often exceeds the price of milk. The competition authority rejected the initiative as it did not set out any criteria for milk production that fosters sustainability but instead set up a price agreement at the expense of consumers.

While the French report does not reveal any specific case, it mentions that the French competition agency is looking actively into possible issues of greenwashing to ensure that anti-competitive activities are not taking place under the guise of sustainability initiatives.

7 Agency and Legislative Activities in the Areas of Competition and Sustainability

Having set out the general framework for sustainability and competition and having looked at how the relevant competition laws treat specific cases, the rapporteurs were also asked about activities of agencies, such as priorities, guidelines, working papers, individual guidance, or capacity building. Moreover, they were asked whether their legislatures have become or will become active in the area.

Overall, we can see that several agencies have provided individual guidance or adopted policy documents. However, many seem to be waiting for the EU Commission’s guidance on horizontal co-operation agreements which will again contain a section on sustainability agreements, after a lively debate of the draft guidelines.

While the Czech submission does not report any cases, the Office for the Protection of Competition addresses these issues in documents on its webpage. For example, it has a policy document called ‘Application of rules for public support in the environmental field’ Footnote 48 that addresses environmental elements of sustainability with a focus on efficiency and energy efficiency. The document describes different options for exemptions with a specific focus on EU law, such as de minimis, individual notification to the European Commission, regulation of block exemptions, and the adjustment of payment for services in the general economic interest. In 2022, the agency also organised an international conference where sustainability was one of the key areas of discussion. Footnote 49 The report expects further impetus in the sustainability area from the EU Council presidency, which the Czech Republic will hold from July until 2022.

The Belgian competition authority has made the green and circular economy a strategic priority for competition policy in 2022 in order to stimulate innovation and technical developments in this area while expressing a willingness to look more closely at issues where the competition rules might hinder sustainability initiatives. Footnote 50 Thus, the agency offers to provide individual guidance to sustainability initiatives. Footnote 51 It is also supportive of the initiatives of the Dutch and Greek competition authorities in the field of sustainability. Footnote 52 Yet the Belgian competition authority also highlights the importance of guidance at the EU level. Footnote 53

In Brazil , the agency has so far not adopted any policy measures, but the report notes that the agency is observing the guideline drafts in Europe and is discussing the adoption of a policy. The report also notes hesitancy among Brazilian businesses to engage in sustainability initiatives due to fear of prosecution under competition law. Footnote 54

The French report does not note any specific guidance issues. Yet in May 2020, a group of independent regulators, including the competition agency, issued a document on the regulatory challenges of the Paris Agreements and the climate emergency. Footnote 55 The report notes that ‘[t]his document, which is not an instrument of soft law but rather a roadmap, expresses the regulator’s commitment to help undertakings adapt to the changes caused by the global warming’. Footnote 56 And while the document contains the clarification that ‘the mandate given to the [French Competition Authority] is to protect competition, not to protect the environment’, the president of the Authority has made it clear that the agency is working on the matter to ensure that the passing on of environmental benefits to consumers is assessed better. Footnote 57

The German report notes that the agency has given individual guidance in sustainability-related cases, such as the Fairtrade label, Living Wages initiative for the Ecuadorian banana sector, and Initiative Tierwohl. And while it published a background paper Footnote 58 and addressed the issue in its annual report Footnote 59 and a press release, Footnote 60 it has not published guidelines. Similarly, the independent expert body, the Monopoly Commission, has addressed the issue in its annual report. Footnote 61 The agency has expressed resistance to the issue through more than individual guidance by means of guidelines. Footnote 62 It argued that there is not enough case law yet, that the effects are case specific and decisions need to be made on a case-by-case basis, that such guidance creates a risk of false negatives, and that it would not be the primary task of the agency to protect sustainability but competition and such decision should be made by the legislature. In fact, the German Federal Ministry for Economic Affairs and Climate Action, which is in charge of competition policy, has forwarded 10 points in its policy road map for competition policy until 2025. Footnote 63 These include steps to ensure a more sustainable competition policy with a legal framework that provides clarity for sustainability co-operation while addressing the risk of greenwashing. It will have to be seen what this will entail, but a change in the law might be possible.

In the UK, the agency has consulted, issued guidance on sustainability matters, and then established a sustainability task force. The report notes that this includes the (i) January 2021 information sheet on sustainability agreements, (ii) a market inquiry regarding electric vehicle charging points (including a subsequent investigation with commitments); (iii) provided advice to the UK Government on how the current competition and consumer law frameworks facilitate or hinder sustainability and Net Zero objectives; (iv) established a Sustainability Task Force to spearhead further engagement with these issues; and (v) under its consumer powers, has published a ‘Green Claims Code’ to help businesses and consumers avoid ‘greenwashing’ claims. Moreover, the competition agency committed to increase the number of market inquiries in the area.

The Maltese report notes that the agency has not issued any guidance or policy notes on the subject but should do so in the future. Moreover, it suggests that advocacy might be a particularly fruitful role as the advice given by the agency has been given a strong weight by the applicable legal framework. The report also highlights that in any competition matter, Malta’s Sustainable Development Vision for 2050 will be a crucial point of reference. This 2018 policy document was published based on the Sustainable Development Act by the Ministry for the Environment, Energy, and Enterprise.

The Italian report does not mention any specific guidelines or policy documents. But for the authority, advocacy has been high on the agenda, and it has used its powers to propose measures where competitive pressure can help ensure more sustainable development with proposals in such areas as infrastructure for electrical vehicles, waste management, and energy market organisation. Footnote 64

The Swiss agency has not issued any specific guidance or policy documents, but the report highlights that the agency has set up a ‘Core Group Sustainability’ that monitors the developments, both abroad and in Switzerland.

The Hungarian report notes the engagement of the agency with the topic as part of the European Competition Network (ECN) and in the International Competition Network (ICN), including drafting a report, Footnote 65 and they were involved in organising events. And while no substantive cases have been decided by the agency, the report highlights some interesting procedural elements with regard to sustainability. Sustainability is considered in fining and in making commitments. The fining guidelines Footnote 66 and the commitment notice Footnote 67 take account of sustainability, and actions of companies to foster sustainability are described as contributing to consumer welfare. The report also mentions the possibility that the competition agency might bring a damages action in the public interests, where a large group of consumers is affected. Thus, it seems possible that the agency could bring a claim for the environmental damages caused by an anti-competitive action.

8 Other Competition-Law-Related Subjects and Competition

Countless legal tools might be named that address sustainability and its interaction with the market and market participants, which in turn may affect competition. While not the focus of this report, the national reports have highlighted other areas of law that are related to the core competition provisions, such as co-operation, cartels, abuse, monopolisation, and mergers. These areas of law might be relevant to the pursuit of sustainability and might directly affect competition between companies. The Austrian , UK , Hungarian , and Maltese reports noted environmental advertising, which is dealt with by consumer protection or via unfair competition law. The Swiss report highlighted the importance of public procurement rules and sustainable finance.

9 Conclusion

Upon reviewing the different national reports, it becomes clear once again that no one seems to argue that sustainability is a primary goal of competition law. However, in a vast majority of jurisdictions, competition law is required to account for sustainability impacts. Footnote 68 These obligations can be contained directly in competition laws—as in the examples from Austria and Hungary—and in specific laws—such as the climate law in Germany—or in the constitutions—as in the vast majority of the jurisdictions covered by this report.

The debate about sustainability and competition has been ongoing for some time. And to address the argument of legislative choices that is often heard in the debate, the legislature has acted in Austria and introduced a sustainability exemption. Germany might follow this example in the future. However, the Austrian experience also highlights how national changes to accommodate sustainability concerns also create challenges, particularly where national competition law is embedded in the European legal order.

Overall, the topic of sustainability and competition law seems to gain importance in all the jurisdictions covered. There are a number of cases reported across the jurisdictions, with some having experiences going back more than 20 years. And while it might be speculated that the total number of cases related to sustainability matters might be even higher than the number of cases covering data protection and competition, many jurisdictions still lack cases. However, all competition authorities in the jurisdictions covered seem to consider this an emerging issue that needs attention. The reports highlight that even when there are no direct experiences and activities reported by the agencies, it is expected that the agencies will become more active in the future.

The main point of difference and debate is the treatment of out-of-market efficiencies, in other words, situations where the beneficiaries in terms of sustainability do not overlap with the consumer affected by the restriction of competition.

The new EU guidelines on horizontal co-operation and their chapter on sustainability will be highly influential in all of the covered jurisdictions. The reports indicate that it will have this influence whether or not the jurisdictions are a part of the EU, whether the jurisdictions have already addressed sustainability and competition law, and whether or not they adopt a wait-and-see attitude.

The importance of these guidelines also becomes clear as the reports highlight the potential to deter measures that are beneficial from a sustainability point of view, thereby creating false positives. More legal certainty on the use of sustainability, whether as a shield or as a sword, is certainly called for. Once more certainty in the substantive field exists, the debate might also shift to more procedural questions, such as different forms of remedies, including public interest damage actions.

Based on the national reports and this international report, the LIDC adopted the following conclusions and recommendations:

Competition law is certainly not the only, and may not be the best, tool to address sustainability issues, but it can play a role in the move towards a more sustainable society.

The debate is beginning and/or increasing momentum in a growing number of jurisdictions. Some jurisdictions are more advanced than others in their thinking.

Certain competition authorities are taking a lead, from advocacy on sustainability issues to publishing policy papers and guidelines. Certain authorities are proactively leading the debate and not waiting until the cases come to them.

While there is still not an abundance of cases, the number of cases in the different jurisdiction is increasing.

There are still numerous questions that remain unanswered, in particular—but not limited to—questions relating to the treatment of out-of-market efficiencies.

Intervention by the legislator could address problems of (democratic) legitimacy and the balancing/weighing exercise to be undertaken by competition authorities.

Companies should be encouraged to take up the opportunity offered by certain competition authorities to be provided with individual guidance.

In order to provide greater transparency and clarity to industry, advisors, and society as a whole, it would be helpful if individual guidance were at least published as press release. The publication of more detailed/concrete documents other than press releases, such as individual guidance (comfort/business advice letters) would be preferrable from the perspective of transparency, legal certainty, and value for advising on matters of sustainability.

Guidelines addressing sustainability, or even block exemptions, could provide even greater legal certainty, although this may be difficult, at least until there are sufficient examples/cases to draw upon.

International sharing of experience between competition authorities/agencies around the world is highly recommended as they have experiences in different fields. Sustainability is a global issue, and this requires a global debate.

The establishment of (global) best practices, possibly with a focus on standards—an area where a lot of experience exists—is strongly encouraged.

In terms of next steps and the role of the LIDC, all the factors outlined above merit further debate. Potential legislative and soft law solutions could be explored in the future. In the meantime, the dialogue on the interface of competition law and policy and sustainability should continue (between authorities, practitioners, industry, and interest groups). As an international organisation, the LIDC is well placed to lead and facilitate this discussion and will look for ways to further the international dialogue. Accordingly, the Scientific Committee shall add this to our work programme for 2023 and will explore opportunities for follow-up webinars and/or a working group on sustainability and competition.

See G.H. Brundtland, Report of the World Commission on Environment and Development: Our Common Future , United Nations 1987, available at https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf . Accessed 29 November 2022.

K. E. Portney, Sustainability, MIT Press 2015 p. 6.

Business Roundtable (19 August 2019), Business Roundtable Redefines the Purpose of a Corporation to Promote ‘An Economy That Serves All Americans’, available at https://www.businessroundtable.org/business-roundtable-redefines-the-purpose-of-a-corporation-to-promote-an-economy-that-serves-all-americans . Accessed 29 November 2022.

A. Winston, Sustainable Business Went Mainstream in 2021, Harvard Business Review 2021, available at https://hbr.org/2021/12/sustainable-business-went-mainstream-in-2021 . Accessed 29 November 2022; S. Bonini and S. Görner, The business of sustainability, McKinsey & Company 2011, available at https://www.mckinsey.com/business-functions/sustainability/our-insights/the-business-of-sustainability-mckinsey-global-survey-results . Accessed 29 November 2022.

Hungarian Competition Authority, Sustainable Development and Competition Law Survey Report, Special Project for the 2021 ICN Annual Conference, International Competition Network Conference 2021, available at https://www.gvh.hu/pfile/file?path=/en/gvh/Conference/icn-2021-annual-conference/sustainability_survey_REPORT_2ndEd_2021_09_30_final_PUBLIC.pdf1&inline=true . Accessed 29 November 2022.

Authority for Consumers & Markets, Second draft version: Guidelines on Sustainability Agreements – Opportunities within competition law, Autoreit Consument & Markt 2021, available at https://www.acm.nl/en/publications/second-draft-version-guidelines-sustainability-agreements-opportunities-within-competition-law . Accessed 29 November 2022.

Hellenic Competition Commission, Competition Law & Sustainability, Hellenic Competition Commission 2022, available at https://www.epant.gr/en/enimerosi/competition-law-sustainability.html . Accessed 29 November 2022.

Bundeskartellamt (Federal Cartel Office), Offene Märkte und nachhaltiges Wirtschaften – Gemeinwohlziele als Herausforderung für die Kartellrechtspraxis, Bundeskartellamt 2020, available at https://www.bundeskartellamt.de/SharedDocs/Publikation/DE/Diskussions_Hintergrundpapier/AK_Kartellrecht_2020_Hintergrundpapier.pdf?__blob=publicationFile&v=2 . Accessed 29 November 2022.

Competition and Markets Authority, Sustainability agreements: CMA issues information for businesses, Press Release (29 November 2022), available at https://www.gov.uk/government/news/sustainability-agreements-cma-issues-information-for-businesses . Accessed 29 November 2022.

European Commission, Directorate-General for Competition, Competition policy brief, 2021-01, September 2021, European Commission (2021), available at https://data.europa.eu/doi/10.2763/962262 . Accessed 29 November 2022.

OECD, Sustainability and Competition, OECD Competition Committee Discussion Paper 2020, available at https://www.oecd.org/daf/competition/sustainability-and-competition-2020.pdf . Accessed 29 November 2022.

OECD, Environmental Considerations in Competition Enforcement, OECD Competition Committee Discussion Paper 2021, available at https://www.oecd.org/daf/competition/environmental-considerations-in-competition-enforcement-2021.pdf . Accessed 29 November 2022.

N. Watson, Measuring environmental benefits in competition cases, OECD Roundtable on Environmental Considerations in Competition Enforcement 2021, available at https://one.oecd.org/document/DAF/COMP(2021)14/en/pdf . Accessed 29 November 2022.

On the distinction between sword and shield see S. Holmes, Climate Change, sustainability, and competition law, Journal Antirust Enforcement 2020(8), p. 355, J. Nowag, Competition Law’s Sustainability Gap? Tools For an Examination and a Brief Overview, Nordic Journal of European Law 2022(1) pp. 150-152, J. Nowag, Environmental Integration in Competition and Free-Movement Laws, Oxford University Press 2017, pp. 1-12.

See National Recovery and Resilience Plan (hereafter NRRP), p. 14. The NRRP, approved on 13 July 2021 by the European Council, is the document that the Italian government prepared to illustrate to the European Commission how Italy intends to invest the funds allocated at the European level under the Next Generation EU programme. The NRRP is divided into six missions subdivided into 16 functional components to achieve the economic and social objectives that are part of the Government’s strategy.

IAA Annual Report of 31 March 2021, pp. 15 ff.

R. MacGregor Pelikánová, Corporate Social Responsibility Information in Annual Reports in the EU – Czech Case Study, Sustainability 2019 (11), p. 237, available at https://doi.org/10.3390/su11010237 .

Český Statistický Úřad (Czech Statistic Office), Resolution Nr. 1242 - Udržitelný rozvoj v ČR (Sustainable development in the Czech Republic), available at https://www.czso.cz/csu/czso/13-1134-07-2006-1_1___uvod . Accessed 4 June 2022.

Ministerstvo Pro Místní Rozvoj (Regional Development Ministry), Základní dokumenty (Fundamental documents), available at https://www.mmr.cz/cs/ministerstvo/regionalni-rozvoj/informace,-aktuality,-seminare,-pracovni-skupiny/psur/uvodni-informace-o-udrzitelnem-rozvoji/zakladni-dokumenty . Accessed 4 June 2022.

See Government of Belgium, Note on the Environmental Considerations in Competition Enforcement, OECD Competition Committee meeting 1-3 December 2021 (DAF/COMP/WD(2021)47), available at https://one.oecd.org/document/DAF/COMP/WD(2021)47/en/pdf , p. 2, 5. Accessed 29 November 2022.

See Government of Belgium, Note on the Environmental Considerations in Competition Enforcement, OECD Competition Committee meeting 1-3 December 2021 (DAF/COMP/WD(2021)47), available at https://one.oecd.org/document/DAF/COMP/WD(2021)47/en/pdf , p. 2-3. Accessed 29 November 2022.

Judgment of the Brussels Court of First Instance of 17 June 2021, Klimaatzaak , available at https://prismic-io.s3.amazonaws.com/affaireclimat/18f9910f-cd55-4c3b-bc9b-9e0e393681a8_167-4-2021.pdf . Accessed 29 November 2022.

See Brazilian report section 1.2.

See articles 3, items II and III, 5 and 170, item IV, 225

See Brazilian report section 1.3.

See B. Coeuré, Closing speech, New Frontiers of Antitrust, 21 June 2022.

FCA, Opinion n°99-A-22, 4 December 1999, p. 10.

FCA, Opinion n°94-A-18, 17 May 1994, Metaleurop/Heubach & Lindgens.

See French report section 1.2.

FCA, Opinion n°95-A-08 or 9 May 1995, CEAC/Exeide.

FCA, Opinion n°94-A-31 of 6 December 1994, Elimination of used oils. See also See French report section 2.2.

B. Coeuré, Closing speech, New Frontiers of Antitrust, 21 June 2022.

See however below under Section 5 where a possible change in the law is addressed.

Bundeskartellamt, Offene Märkte und nachhaltiges Wirtschaften – Gemeinwohlziele als Herausforderung für die Kartellrechtspraxis, October 2020, p. 5; Bundeskartellamt, Jahresbericht 2020/21, p. 46; Bundeskartellamt, Offene Märkte und nachhaltiges Wirtschaften – Gemeinwohlziele als Herausforderung für die Kartellrechtspraxis, October 2020, p. 5.

See German report section 2.2.1. The report points to S. Huster and S. Rux, in: Epping and Hillgruber (eds), BeckOK Grundgesetz, 51st ed, C.H. Beck 15.5.2022, GG Art. 20a paras 27, 32-33; H. Schulze-Fielitz, in: Dreier (ed), Grundgesetz Kommentar, Vol. 2, 3rd ed, Mohr Siebeck 2015, GG Art. 20a paras 67, 74-75; R. Scholz, in: Dürig, Herzog and Scholz (eds), Grundgesetz-Kommentar, 96th supplement November 2021, C.H. Beck 2021, GG Art. 20a paras 46, 56; H. Jarass, in: Jarass and Pieroth (eds), Grundgesetz für die Bundesrepublik Deutschland, 17th ed, C.H. Beck 2022, GG Art. 20a paras 18, 21; K.-P. Sommermann, in: v. Münch and Kunig (eds), Grundgesetz-Kommentar, Vol. 1, 7th ed, C.H. Beck 2021, GG Art. 20a, paras 41, 46-48.

Article 9(2) Constitution of Malta.

See Maltese report section 1.

Article 21 Constitution of Malta.

See Maltese report section 2.1. Malta operates a prosecutorial model, with the competition authority bringing cases to the court.

See Swiss report section 2.3.

BMWi, Verf. v. 19.08.2019, I B 2 -20302/14-02, para 164.

Although occasionally the fine has been lowered.

See Hungarian report Section 4.2.1.2.

Bundeskartellamt, Bundeskartellamt prohibits purchasing cartel in the container glass industry, Press Release (1 June 2007). Available at https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2007/01_06_2007_Beh%C3%A4lterglasindustrie.html . Accessed 29 November 2022.

Bundeskartellamt, Fallbericht v. 08.03.2022, B2-87/21 32. Available at https://www.bundeskartellamt.de/SharedDocs/Entscheidung/DE/Fallberichte/Kartellverbot/2022/B2-87-21.pdf?__blob=publicationFile&v=2 . Accessed 29 November 2022.

ÚOHS (Office for the Protection of Competition), Application of Rules for Public Support in the Environmental Field, available at https://www.uohs.cz/cs/verejna-podpora/vybrane-oblasti-verejne-podpory/aplikace-pravidel-verejne-podpory-v-oblasti-zivotniho-prostredi.html . Accessed 29 November 2022.

ÚOHS (Office for the Protection of Competition), The Office for the Protection of Competition is preparing the first year of the May Conference on Public Procurement to be held on 18 and 19 May 2022. The conference will take place at the Brno headquarters of the Office, Press Release (20 April 2022), https://www.uohs.cz/en/information-centre/press-releases/public-procurement/3321-may-2022-public-procurement-conference.html . Accessed 4 June 2022.

See Government of Belgium, Note on the Environmental Considerations in Competition Enforcement, OECD Competition Committee meeting 1-3 December 2021 (DAF/COMP/WD(2021)47), available at https://one.oecd.org/document/DAF/COMP/WD(2021)47/en/pdf , p. 6. Accessed 15 July 2022; See BCA priority note 2022, p. 3. Available at https://www.abc-bma.be/sites/default/files/content/download/files/2022_politique_priorites_ABC.pdf . Accessed 29 November 2022.

See Government of Belgium, Note on the Environmental Considerations in Competition Enforcement, OECD Competition Committee meeting 1-3 December 2021 (DAF/COMP/WD(2021)47), available at https://one.oecd.org/document/DAF/COMP/WD(2021)47/en/pdf , p. 6. Accessed 29 November 2022.; See BCA priority note 2022, p. 3. Available at https://www.abc-bma.be/sites/default/files/content/download/files/2022_politique_priorites_ABC.pdf . Accessed 29 November 2022.

See Government of Belgium, Note on the Environmental Considerations in Competition Enforcement, OECD Competition Committee meeting 1-3 December 2021 (DAF/COMP/WD(2021)47), available at https://one.oecd.org/document/DAF/COMP/WD(2021)47/en/pdf , p. 6. Accessed 29 November 2022.

L. P. Rocha Silva and P. S. Amaral Mello, Cooperation agreements among competitors to promote sustainable measures: which should be CADE’s role?, 2020, available at https://www.migalhas.com.br/depeso/331669/acordos-de-cooperacao-entre-concorrentes-para-promocao-de-medidas-de-desenvolvimento-sustentavel%2D%2Dqual-deve-ser-o-papel-do-cade . Accessed 12 June 2022.

Accords de Paris et urgence climatique : enjeux de régulation, Accessed 29 November 2022.

See French report section 1.3.

Hintergrundpapier - Arbeitskreis Kartellrecht, 1 Oct 2020 available at https://www.bundeskartellamt.de/SharedDocs/Publikation/DE/Diskussions_Hintergrundpapier/AK_Kartellrecht_2020_Hintergrundpapier.pdf?__blob=publicationFile&v=2 . Accessed 29 November 2022.

Bundeskartellamt, Tätigkeitsbericht 2019/2020 , available at https://www.bundeskartellamt.de/SharedDocs/Publikation/DE/Taetigkeitsberichte/Bundeskartellamt%20-%20T%C3%A4tigkeitsbericht%202019_2020.html . Accessed 29 November 2022.

Bundeskartellamt, Achieving sustainability in a competitive environment – Bundeskartellamt concludes examination of sector initiatives, Press Release (18 Jan 2022), available at https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2022/18_01_2022_Nachhaltigkeit.html;jsessionid=1E2A8166777D61CFB1985BCA7F515B5E.2_cid381?nn=3591568Press/ . Accessed 29 November 2022.

Monopolkommission, Wettbewerb 2022 - XXIV. Hauptgutachten, available at https://www.monopolkommission.de/images/HG24/HGXXIV_Gesamt.pdf . Accessed 29 November 2022.

See Bundeskartellamt, Tätigkeitsbericht 2019/2020, available at https://www.bundeskartellamt.de/SharedDocs/Publikation/DE/Taetigkeitsberichte/Bundeskartellamt%20-%20T%C3%A4tigkeitsbericht%202019_2020.html . Accessed 29 November 2022.

Bundesministerium für Wirtschaft und Klimaschutz, Wettbewerbspolitische Agenda des BMWK bis 2025, 21.02.2022.

See report S4143 of March 2021, Section V, Competition at the Service of Environmental Sustainability, S4143, p 65ff.

See Hungarian Competition Authority, Special project for the 2021 ICN Annual Conference: Sustainable development and competition law, 30 September 2021, available at https://www.gvh.hu/en/gvh/Conference/icn-2021-annual-conference/special-project-for-the-2021-icn-annual-conference-sustainable-development-and-competition-law . Accessed 29 November 2022.

See Hungarian Fining Guidelines (1 January 2021) para 33(iv).

See Commitment Notice of the Hungarian Competition Authority, 1 January 2021, para 19(h).

Similar to the obligation of competition law to respect other fundamental rights enshrined in the different legal orders.

Author information

Authors and affiliations.

Lund University, Lund, Sweden

Julian Nowag

Centre for Competition Law and Policy Oxford University, Oxford, UK

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Julian Nowag .

Editor information

Editors and affiliations.

Këllezi Legal, Geneva, Switzerland

Pranvera Këllezi

Athena Law, Geneva, Switzerland

Pierre Kobel

Linklaters LLP, London, UK

Bruce Kilpatrick

Rights and permissions

Open Access This chapter is licensed under the terms of the Creative Commons Attribution 4.0 International License ( http://creativecommons.org/licenses/by/4.0/ ), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

The images or other third party material in this chapter are included in the chapter's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the chapter's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder.

Reprints and permissions

Copyright information

© 2024 The Author(s)

About this chapter

Nowag, J. (2024). Sustainability and Competition Law: An International Report. In: Këllezi, P., Kobel, P., Kilpatrick, B. (eds) Sustainability Objectives in Competition and Intellectual Property Law. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-031-44869-0_1

Download citation

DOI : https://doi.org/10.1007/978-3-031-44869-0_1

Published : 14 January 2024

Publisher Name : Springer, Cham

Print ISBN : 978-3-031-44868-3

Online ISBN : 978-3-031-44869-0

eBook Packages : Law and Criminology Law and Criminology (R0)

Share this chapter

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

• Publish with us

Policies and ethics

• Find a journal
• Track your research

• Columbia University Law School
• University of Chicago Law School

We are using the Comparative Competition Law Datasets to develop new measures of competition law, study the diffusion of these laws, and to test their effects. Below you can find information on the papers that we have released so far.

 Primary Research

Competition Law Around the World from 1889 to 2010: The Competition Law Index Journal of Competition Law & Economics, 14(3): 393-432 (2018) By  Anu Bradford  and  Adam Chilton [ Journal ] [ SSRN ]

Competition laws have become a mainstay of regulation in market economies. At the same time, past efforts to study the drivers or effects of competition laws have been hampered by the lack of systematic measures of these laws across a wide range of years or countries. In this paper, we draw on new data on the evolution of competition laws to create a novel Competition Law Index (the “CLI”) that measures the stringency of competition regulation from 1889 to 2010. We then employ the CLI to examine trends in the intensity of competition regulation over time and across key countries. We also use our data to create several alternative indexes of competition law that may be appropriate for specific research applications. In doing so, we hope to demonstrate how the CLI can facilitate new empirical research on comparative and international competition law.

Competition Gone Global: The Comparative Competition Law and Enforcement Datasets Journal of Empirical Legal Studies, 16(2): 411-443 (2019) By  Anu Bradford ,  Adam Chilton ,  Christopher Megaw , and  Nathaniel Sokol [ Journal ] [ SSRN ]

Competition law has proliferated around the world. Due to data limitations, however, there is little systematic information about the substance and enforcement of these laws. In this paper, we address that problem by introducing two new datasets on competition law regimes around the world. First, we introduce the Comparative Competition Law Dataset, which codes competition laws in 130 jurisdictions between 1889 to 2010. Second, we introduce the Comparative Competition Enforcement Dataset, which provides data on competition agencies’ resources and activities in 100 jurisdictions between 1990 and 2010. These datasets offer the most comprehensive picture of competition law yet assembled and provide a new foundation for empirical research on the legal regimes used to regulate markets.

Trade Openness and Antitrust Law Journal of Law and Economics, 62(1): 29-65 (2019) By  Anu Bradford  and  Adam Chilton [ Journal ] [ SSRN ] [ Replication Materials ] [ Supplementary Materials ]

Openness to international trade and adoption of antitrust laws can both curb anticompetitive behavior. But scholars have long debated the relationship between the two. Some argue that greater trade openness makes antitrust unnecessary, while others contend that antitrust laws are still needed to realize the benefits of trade liberalization. Data limitations have made this debate largely theoretical to date. We study the relationship between trade and antitrust empirically using new data on antitrust laws and enforcement activities. We find that trade openness and stringency of antitrust laws are positively correlated from 1950 to 2010 overall, but the positive correlation disappears in the early 1990s as a large number of new countries adopt antitrust laws. However, we find a positive correlation between trade openness and antitrust enforcement resources and activities for both early and late adopters of antitrust regimes during this period.

The Global Dominance of European Competition Law Over American Antitrust Law  Journal of Empirical Legal Studies,  16(4): 731-766 (2019) By  Anu Bradford ,  Adam Chilton ,  Katerina Linos , and  Alexander Weaver [ Journal ] [ SSRN ] [ Supplementary Materials ]

The world’s biggest consumer markets—the European Union and the United States—have adopted different approaches to regulating competition. This has not only put the EU and US at odds in high-profile investigations of anticompetitive conduct, but also made them race to spread their regulatory models. Using a novel dataset of competition statutes, we investigate this race to influence the world’s regulatory landscape and find that the EU’s competition laws have been more widely emulated than the US’s competition laws. We then argue that both “push” and “pull” factors explain the appeal of the EU’s competition regime: the EU actively promotes its model through preferential trade agreements and has an administrative template that is easy to emulate. As EU and US regulators offer competing regulatory models in domains as diverse as privacy, finance, and environmental protection, our study sheds light on how global regulatory races are fought and won.

The Chicago School’s Limited Influence on International Antitrust University of Chicago Law Review,  87(2): 297-329 (2020) By Anu Bradford ,  Adam Chilton , and Filippo Maria Lancieri [ Journal ]  [ SSRN ] Beginning in the 1950’s, a group of scholars primarily associated with the University of Chicago began to challenge many of the fundamental tenants of antitrust law. This movement—which became known as the Chicago School of Antitrust Analysis—profoundly altered the course of American antitrust scholarship, regulation, and enforcement. What is not known, however, is the degree to which Chicago School ideas influenced the antitrust regimes of other countries. By leveraging new datasets on antitrust laws and enforcement around the world, we empirically explore whether ideas embraced by the Chicago School diffused internationally. Our analysis illustrates that many ideas explicitly rejected by the Chicago School—like using antitrust law to promote goals beyond efficiency or regulate unilateral conduct —are common features of antitrust regimes in other countries. We also provide suggestive evidence that the influence of the antitrust revolution launched by the Chicago School has been more limited outside of the United States.

Do Legal Origins Predict Legal Substance? Journal of Law and Economics,  64(2): 207-231 (2021) By  Anu Bradford , Yun-chien Chang ,  Adam Chilton , & Nuno Garoupa [ Journal ] [ SSRN ] [ Supplementary Materials ]

There is a large body of research in economics and law suggesting that the legal origin of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country data sets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have similar property regimes but does little to predict whether countries have similar antitrust regimes. Our results suggest that legal origin may be an important predictor of legal substance in well-established legal regimes but does little to explain substantive variation in more recent areas of law.

Regulating Antitrust Through Trade Agreements Antitrust Law Journal, 84(1): 103-125 (2021) By  Anu Bradford  and  Adam Chilton [ Journal ] [ SSRN ]

Preferential Trade Agreements (PTAs) often include provisions that stipulate how countries should regulate antitrust. However, the exact content of these provisions has not been comprehensively documented. This article introduces a new dataset that analyzes antitrust provisions in 596 PTAs and then uses it to explore aspects of the relationship between antitrust and trade agreements. First, we investigate how many PTAs in the dataset have provisions that directly address antitrust law. We find that roughly 51 percent of the PTAs have either a chapter or an article devoted to antitrust. Second, we document that while over 75 percent of these PTAs address antitrust issues related to dominance, cartels, and vertical agreements, only a small fraction (i.e., 9 percent) specifically address mergers. Third, we show that antitrust provisions are often enforceable, with 71 percent of PTAs containing antitrust provisions extending the PTA’s dispute settlement mechanism to those provisions. Fourth, our analysis shows that while non-discrimination of foreign companies in antitrust matters is sometimes addressed in the PTAs, it is more common for the parties to promote regulatory cooperation through PTAs. Finally, we document differences in how the European Union and the United States have used PTAs to export antitrust law around the world. We find not only that the European Union signed dramatically more PTAs with antitrust provisions than the United States, but also that 63 percent of PTAs with antitrust chapters or articles include language that is distinctive of EU laws. In contrast, only less than 1 percent of PTAs with antitrust chapters or articles include language that is distinctive of U.S. laws. This suggests that, unlike the United States, the European Union frequently deploys PTAs as a tool to export its antitrust laws.

Related Research

Is EU Merger Control used for Protectionism? An Empirical Analysis Journal of Empirical Legal Studies 15:165-191 (2018) By  Anu Bradford ,  Robert J. Jackson Jr. , and  Jonathan Zytnick [ Journal ] [ SSRN ]

The European Commission has often used its merger‐review power to challenge high‐profile acquisitions involving non‐E.U. companies, giving rise to concerns that its competition authority has evolved into a powerful tool for industrial policy. The Commission has been accused of deliberately targeting foreign—especially U.S.—acquirers, while facilitating the creation of European national champions. These concerns, however, rest on a few famous anecdotes. In this article, we introduce a unique dataset that allows us to provide the first rigorous examination of these claims. Our analysis of the over 5,000 mergers reported to the Commission between 1990 and 2014 reveals no evidence that the Commission has systematically used its authority to protectionist ends. If anything, our results suggest that the Commission is less likely to challenge transactions involving non‐E.U. acquirers. Our analysis therefore challenges the common notion of European antitrust protectionism and shifts the burden of proof to those advancing this view.

• [email protected]

Home » Blog » Dissertation » Topics » Law » Antitrust and Competition » 80 Antitrust and Competition Law Research Topics

80 Antitrust and Competition Law Research Topics

FacebookXEmailWhatsAppRedditPinterestLinkedInIf you are a student seeking compelling research topics in Antitrust and Competition Law, you have come to the right place. Selecting suitable issues is crucial for students embarking on an exciting academic research journey. Antitrust and Competition Law offers a rich landscape of thesis and dissertation research possibilities at the undergraduate, master’s, and doctoral […]

If you are a student seeking compelling research topics in Antitrust and Competition Law, you have come to the right place. Selecting suitable issues is crucial for students embarking on an exciting academic research journey. Antitrust and Competition Law offers a rich landscape of thesis and dissertation research possibilities at the undergraduate, master’s, and doctoral levels. With many captivating subjects to explore within this domain, finding the perfect research topics can be both exhilarating and daunting.

Antitrust and Competition Law, often referred to as “Competition Law,” “antitrust laws,” “competition regulations,” and “anti-monopoly regulations,” encompass a legal framework designed to regulate and promote fair competition within markets. These laws aim to prevent monopolistic behavior, anti-competitive practices, and the abuse of dominant market positions, thus fostering a competitive environment that benefits both consumers and businesses.

In this article, we’ll delve into the nuances of Antitrust and Competition Law research topics, guiding aspiring scholars toward thought-provoking areas that hold the potential to contribute significantly to the field.

A List Of Potential Research Topics In Antitrust and Competition Law :

• Data privacy regulations and antitrust compliance.
• Vertical restraints in e-commerce: challenges and regulation.
• Technology and antitrust: a review of challenges and policy responses.
• Abuse of dominance in tech markets: recent cases and trends.
• Economic theories in antitrust: an evaluation of contemporary approaches.
• The resilience of competition policy during and after the pandemic.
• Algorithmic pricing and collusion detection: a legal framework.
• Antitrust implications of climate change initiatives.
• Merger remedies and market impact: empirical assessment.
• Post-Brexit competition policy: alignments and divergences.
• Enforcement tools in modern antitrust regimes: a comparative study.
• Health tech mergers and crisis response: antitrust implications.
• Behavioral economics and consumer protection in antitrust.
• Collusion detection and cartel prosecution: technological advances.
• State aid subsidies in the UK: compliance and impacts.
• State aid and economic recovery: balancing competition rules.
• Online marketplaces and UK consumer protection: legal review.
• State-owned enterprises and competition law: global trends.
• Evolution of antitrust law: comparative analysis of key jurisdictions.
• Competition advocacy and its influence on regulatory reforms.
• Antitrust enforcement in digital payment systems.
• Investigating the intersection of Agricultural Law and antitrust regulations in promoting competitive and sustainable farming practices.
• Antitrust implications of significant tech investments in startups.
• Leniency programs in cartel prosecution: reviewing global practices.
• Economic evidence in antitrust cases: challenges and best practices.
• Sustainability and competition law: UK’s green agenda.
• Competition law in the digital economy: balancing innovation and fairness.
• Competition law and market surveillance technologies.
• Competition law and fintech: regulatory conundrums.
• Online advertising and competition: concentration and control.
• State aid control in the European Union: a retrospective analysis.
• Digital Markets Act: Assessing the EU’s new regulatory approach.
• Algorithmic bias and competition law: addressing discrimination.
• Merger control in times of economic uncertainty: adaptations needed.
• Pandemic impact on small businesses and competition policy.
• Cross-border mergers and jurisdictional challenges in antitrust.
• Vertical mergers and innovation: balancing pro-competitive effects.
• Standard essential patents and FRAND commitments: legal issues.
• Antitrust challenges in the electric vehicle market: future outlook.
• Market power in two-sided markets: analysis and regulation.
• Algorithmic market manipulation: detecting and preventing.
• Antitrust in the sharing economy: regulation of platform markets.
• Online marketplaces and fair competition: a legal examination.
• Competition law and financial services: regulatory landscape.
• Antitrust scrutiny of exclusive dealing arrangements.
• Merger control in the pharmaceutical industry: a comparative study.
• Remote work and labor market competition: challenges and solutions.
• Big data and competition law: privacy, monopoly, and innovation.
• Antitrust challenges in the telecommunications sector: case studies.
• Intellectual property rights and competition law: navigating the interface.
• Digital Markets Unit: regulating tech giants in the UK.
• Collusion in crisis: cartel behavior amid disruptions.
• Competition advocacy and stakeholder engagement: best practices.
• Digital transformation and market power: post-pandemic trends.
• Predatory pricing and its impact on market dynamics.
• Antitrust challenges in the agri-food sector: case studies.
• Competition law and pandemic response: lessons from COVID-19.
• Net neutrality and antitrust principles: ensuring an open internet.
• Competition policy in the post-Brexit UK: implications and opportunities.
• Intellectual property pools and antitrust concerns.
• Digital antitrust: evaluating the power of tech giants.
• Market investigations by the UK Competition and Markets Authority.
• Merger waves and competition dynamics: lessons from history.
• Cross-border antitrust litigation: jurisdictional complexities.
• State aid in the European Union: legal and economic analysis.
• Algorithmic collusion: challenges for antitrust authorities.
• Exploring the role of Alternative Dispute Resolution (ADR) mechanisms in resolving antitrust cases and fostering fair market practices.”
• Competition law and artificial intelligence: challenges and solutions.
• Antitrust compliance programs: a comparative evaluation.
• Online platforms and pandemic pricing: competition concerns.
• Antitrust enforcement in emerging markets: case studies.
• Market concentration and income inequality: a legal analysis.
• Competition law and healthcare: balancing access and innovation.
• Brexit and cross-border antitrust litigation: jurisdictional challenges.
• Challenges in defining relevant markets: case law review.
• Trends in digital antitrust: examining the shift towards platform regulation.
• Excessive pricing and monopoly abuse: a comparative study.
• Online consumer protection and e-commerce surge: legal analysis.
• Competition law and sustainability: environmental considerations.
• Remedies in merger cases: effectiveness and implementation.

In the dynamic realm of Antitrust and Competition Law, research opportunities abound for students across different academic levels. Whether you’re pursuing an undergraduate, master’s, or doctoral degree, this field offers a diverse array of captivating research topics. By delving into issues like mergers and acquisitions, cartels, digital markets, international implications, and the intersection with intellectual property, aspiring researchers can contribute to the ongoing discourse and evolution of Antitrust and Competition Law. So, choose your area of focus wisely, embark on your research journey, and unlock the potential to shape the future landscape of competition regulation.

Order Antitrust/Competition Law Dissertation Now!

External Links:

• Download Antitrust/Competition Law Dissertation Sample For Your Perusal

Research Topic Help Service

Get unique research topics exactly as per your requirements. We will send you a mini proposal on the chosen topic which includes;

• Research Statement
• Research Questions
• Key Literature Highlights
• Proposed Methodology
• View a Sample of Service

Ensure Your Good Grades With Our Writing Help

• Talk to the assigned writer before payment
• Get topic if you don't have one
• Multiple draft submissions to have supervisor's feedback
• Free revisions
• Complete privacy
• Plagiarism Free work
• Guaranteed 2:1 (With help of your supervisor's feedback)
• 2 Installments plan
• Special discounts

Other Posts

• 80 Administrative Law Research Topics August 30, 2023 -->
• 80 Agricultural Law Research Topics August 30, 2023 -->
• 80 Alternative Dispute Resolution (ADR) Research Topics August 30, 2023 -->
• 80 Arbitration Dispute Resolution Law Research Topics September 3, 2023 -->
• 80 Banking Law Research Topics August 31, 2023 -->
• 80 Business Law Research Topics August 31, 2023 -->
• 80 Civil Rights Law Research Topics August 31, 2023 -->
• 80 Commercial Law Research Topics August 31, 2023 -->
• 80 Comparative Law Research Topics August 31, 2023 -->
• 80 Constitutional Law Research Topics September 1, 2023 -->
• 80 Consumer Law Research Topics September 1, 2023 -->
• 80 Contract Law Research Topics September 1, 2023 -->
• 80 Corporate Law Research Topics August 17, 2023 -->
• 80 Criminal Law Research Topics September 1, 2023 -->
• 80 Cyber Law Research Topics September 1, 2023 -->
• 80 Employment Law Research Topics September 1, 2023 -->
• 80 Energy Law Research Topics August 17, 2023 -->
• 80 Environmental Law Research Topics September 1, 2023 -->
• 80 Estate Planning and Probate Law Research Topics September 1, 2023 -->
• 80 Family Law Research Topics September 2, 2023 -->
• 80 Health Law Research Topics September 2, 2023 -->
• 80 Human Rights Law Research Topics September 3, 2023 -->
• 80 Immigration Law Research Topics September 3, 2023 -->
• 80 Insurance Law Research Topics September 3, 2023 -->
• 80 Intellectual Property Law Research Topics September 3, 2023 -->
• 80 International Business Law Research Topics September 3, 2023 -->
• 80 International Commercial Law Research Topics August 17, 2023 -->
• 80 International Criminal Law Research Topics September 3, 2023 -->
• 80 International Investment Law Research Topics September 4, 2023 -->
• 80 International Law Research Topics September 4, 2023 -->

WhatsApp us

Articles on Competition law

Displaying 1 - 20 of 59 articles.

Canada is falling behind its peers in terms of living standards — can it catch up?

Felix Arndt , University of Guelph

QANTAS has finally settled its ‘ghost flights’ lawsuit for $120 million. What’s next?

Michael Adams , University of New England

Key mergers to come under greater scrutiny in another leg of Chalmers’ competition policy

Michelle Grattan , University of Canberra

Politics with Michelle Grattan: Andrew Leigh on competition - economic and political

Why are Apple, Amazon, Google and Meta facing antitrust lawsuits and huge fines? And will it protect consumers?

Zena Assaad , Australian National University

Scrutiny of OpenAI and Microsoft relationship could affect how AI industry grows and innovates

Matthew Olczak , Aston University ; Jon Guest , Aston University , and Karishma Patel , Aston University

Canada’s competition laws just changed: Here’s what you need to know

Jennifer Quaid , L’Université d’Ottawa/University of Ottawa

US regulator is suing Amazon – here’s what this could mean for your online shopping

Renaud Foucart , Lancaster University

Despite legal costs awarded to Rogers-Shaw , the competition commissioner’s challenge to the telecom merger was not a waste of taxpayer money

Increasing monopoly power poses a threat to Canada’s post-pandemic economic recovery

Garros Gong , University of Waterloo

Debate: The end of the internal-combustion car: why competition is vital to bringing about cleaner transport

Anna Souakri , ESCP Business School and Jean-Marc Daniel , ESCP Business School

Why post-Brexit Britain is still open for business – despite what Microsoft says

Tolu Olarewaju , Keele University

Rogers-Shaw case unexpectedly rewrote merger law, but there’s still time to change that

JetBlue merger with Spirit not cleared for takeoff – why Justice Department is suing to scupper deal

Joe Mazur , Purdue University

Why the South African state should not subsidise minibus taxi owners

Andrew Kerr , University of Cape Town

Provincial competition law needed to address the power of gig work platforms

Vasiliki Bednar , McMaster University and Robin Shaban , Carleton University

Allan Fels: As ACCC chair, Gina Cass-Gottlieb will put the public interest first, despite years of fighting for business

Allan Fels , The University of Melbourne

Google loses appeal against €2.4 billion fine: tech giants might now have to re-think their entire business models

Why Facebook antitrust case relies so heavily on Mark Zuckerberg’s emails

Rebecca Haw Allensworth , Vanderbilt University

Vital Signs. Google shouldn’t subsidise journalism, but the government could

Richard Holden , UNSW Sydney

Related Topics

• Competition
• competition commission
• Effects test
• Harper Review
• South Africa

Top contributors

Professor, Melbourne Law School, The University of Melbourne

Professor, Monash University

Associate Professor & Vice-Dean Research, Civil Law Section, Faculty of Law, L’Université d’Ottawa/University of Ottawa

Competition Lawyer; Senior Fellow, The University of Melbourne

Senior Lecturer in Economics, Lancaster University Management School, Lancaster University

Professor of Economics and Lead Researcher, Centre for Competition, Regulation and Economic Development, UJ, University of Johannesburg

Professorial Fellow, University of Canberra

Professor of Economics, Director of the Australian Institute for Business and Economics, The University of Queensland

Professor of Law, Discipline of Law, Justice and Society, University of South Australia

Associate Professor, Melbourne Law School, The University of Melbourne

Professor in Transport and Logistics Network Modelling, University of Sydney

Professorial Fellow, The University of Melbourne

Professor of Politics, University of Warwick

Vice Chancellor's Fellow at Victoria University and Adjunct Professor of Economics, Victoria University

Professor of Health Economics, University of Technology Sydney

• X (Twitter)
• Unfollow topic Follow topic

International & Comparative Competition Law Research: Web Resources

• Getting Started
• Web Resources

There are numerous free websites that can assist in researching the areas of international and comparative antitrust. Listed at right and below are sites with links to national competition authorities, blogs, news developments, and other materials of interest.

Competition & Consumer Protection Authorities Worldwide

The U.S. Department of Justice Antitrust Division offers an alphabetized list of links to antitrust authorities worldwide. The Federal Trade Commission offers a similar link . 

European Union Competition Cases

Information on EU competition cases, including case databases and archives, is available through the EU Commission's website on competition  policy . Pull-down menus for the antitrust, cartels, mergers, state aid, and liberalisation tabs all contain separate links to cases.  The European Court of Justice's CURIA database also allows for searching limited to competition cases.

Note that the Law Library has a print subscription to the Common Market Law Reports (CMLR), which provides weekly coverage of EU case law .  The CMLR also includes the monthly CMLR Antitrust Reports and Index .  The latter is shelved at KJE 6456 .A7 C66 on the 5th floor. 

WWW Resources

• APEC Competition Policy & Law Database This database provides access to information pertaining to the competition policies and laws of the 21 APEC (Asia-Pacific Economic Cooperation) member countries. Sponsored by Chinese Taipei's Fair Trade Commission.
• College of Europe: Global Competition Law Centre Working Papers The College of Europe's Global Competition Law Centre "aims at promoting cutting-edge research in competition law and economics" and posts a working paper series on its website. Papers are submitted in French or English.
• Competition Law Forum of the British Institute of International and Comparative Law The Forum is a center for European competition and antitrust law/policy at the British Institute of International and Comparative Law (London). Some of the website materials are accessible only to members, but some are open-access and include research papers.
• European Commission: Competition This is the European Commission's website dedicated to the topic of competition. The site includes links to information about antitrust, cartels, mergers, and state aid, as well as the EU's competition policies and activity at an international level. The site also provides overviews of various economic sectors, such as consumer goods, energy and environment, motor vehicles, and pharmaceuticals.
• Foreign Trade Information System (SICE): Competition Policy This page provides links to competition legislation/policy for countries belonging to the OAS (Organization of American States).
• GlobaLex This website, hosted and published by NYU's Hauser Global Law School Program, provides articles on researching law in a multitude of jurisdictions. Some articles focus on locating English translations and/or commercial law. Always check for the most recent versions of the articles, which tend to be updated periodically.
• International Competition Network According to the Network's website, its mission "is to advocate the adoption of superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide." The website contains a full documents library.
• Law Library of Congress - Pharmaceutical Antitrust Cases This report from the Law Library of Congress provides a comparative analysis of antitrust and competition cases concerning the pharmaceutical industry in 12 jurisdictions. It also provides provides information on the competition law frameworks and enforcement agencies in 7 additional nations.
• Lex Mundi: Guides to Doing Business This is a large collection of English-language overviews of conducting business in various foreign jurisdictions. The authors are members of Lex Mundi, a global organization of attorneys representing over 100 countries. Brazil, Chile, Colombia, Costa Rica, and Honduras are some of the countries featured in the collection. A number of the Guides include discussions on antitrust/competition.
• OECD: Competition The OECD's website on competition includes descriptive pages on sub-topics, including cartels and anti-competitive agreements, mergers, and competition enforcement practices. The page also includes a link to the "Competition Assessment Toolkit."
• OECD: Country Reviews of Competition Policy Frameworks This is a collection of in-depth reviews of competition policies in various countries. According to the web page, "These reviews assess how each country deals with competition and regulatory issues, from the soundness of its competition law to the structure and effectiveness of its competition institutions."
• U.S. Department of Justice Antitrust Division: International Program The DOJ Antitrust Division's site dedicated to its international initiatives includes links to policy speeches, press releases, various reports, and the texts of international antitrust cooperation agreements.
• White & Case: News Global law firm White & Case regularly publishes news on its website pertaining to developments in international competition law.
• WIPO Lex Part of the World Intellectual Property Organization's website, this is an international database of IP and competition laws. The database is searchable by country and subject. Some English translations are available.
• AntitrustWatch
• Antitrust & Competition Policy Blog
• Antitrust Today
• AntitrustConnect Blog
• Competition Bulletin
• European Law Blog (Category: Competition Law)
• JUSTIA: Most Popular Antitrust Blawgs
• Kluwer Competition Law Blog
• International & Comparative Antitrust Research Sources (2014)

The following handout was prepared in the spring of 2014 for an LUC Law course on international and comparative antitrust.  The course was taught by Dr. Maciej Bernatt , a visiting professor from the University of Warsaw.  

• << Previous: Databases
• Last Updated: Apr 19, 2024 10:16 AM
• URL: https://lawlibguides.luc.edu/internationalcompetitionlaw

• Bibliography
• More Referencing guides Blog Automated transliteration Relevant bibliographies by topics
• Automated transliteration
• Relevant bibliographies by topics
• Referencing guides

Dissertations / Theses on the topic 'Competition law'

Create a spot-on reference in apa, mla, chicago, harvard, and other styles.

Consult the top 50 dissertations / theses for your research on the topic 'Competition law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

Ong, Burton T. E. "Competition law and the common law of unfair competition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

Glader, Marcus. "Innovation markets and competition analysis : EU competition law and US antitrust law /." Lund : Faculty of Law, Lund Univ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/476526825.pdf.

Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.

Pinto, Carlo. "Tax competition and EU law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2002. http://dare.uva.nl/document/65841.

Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.

Sage, Ewelina D. "Community competition law of multimedia." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431019.

Nghishitende, Kaulikalelwa N. "Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12891.

Al, Badwawi Saif Ahmad. "Does the new competition law ensure fair competition in the UAE?" Thesis, Southampton Solent University, 2013. http://ssudl.solent.ac.uk/3487/.

Ferreira, Laura Cristhina Fiore. "The effectiveness of Brazilian competition law." Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/2578/.

McCahery, Joseph. "Regulatory competition, economic regulation, and law." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/34750/.

Nazzini, Renato. "Competition law remedies and concurrent proceedings." Thesis, University College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417854.

Salord, Alban Olivier. "Joint ventures and European competition law." Thesis, University of Reading, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269753.

Carugati, Christophe. "Competition law and economics of big data : a new competition rulebook." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020003.

Costa-Cabral, Francisco. "Intent in EU competition law : the judical assessment of anti-competitive strategies." Thesis, King's College London (University of London), 2014. https://kclpure.kcl.ac.uk/portal/en/theses/intent-in-eu-competition-law(2d6172dd-fddc-47eb-859c-f27961e4e738).html.

Ratz, Malcolm. "Competition Law damages and their quantification in South African law." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/65715.

Alotaibi, Musaed. "Does the Saudi competition law guarantee protection to fair competition? : a critical assessment." Thesis, University of Central Lancashire, 2011. http://clok.uclan.ac.uk/2389/.

Nguyen, Anh Tuan, アン チュアン グエン, Shuya Hayashi, and 秀弥 林. "Assessing the Effectiveness of Vietnam's Competition Law." 名古屋大学大学院法学研究科, 2010. http://hdl.handle.net/2237/14333.

Messner, Gerd Erhard. "Institutionalised joint ventures under EC competition law." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410879.

Groves, Peter John. "Law and competition in the motor industry." Thesis, Open University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.279001.

Janse, van Rensburg Sean. "Administrative Penalties in South African Competition Law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75220.

WANG, Yanchen. "Essays on market competition and law enforcement." Digital Commons @ Lingnan University, 2018. https://commons.ln.edu.hk/otd/37.

COSSU, ROBERTA. "Current challenges to competition law and policy." Doctoral thesis, Luiss Guido Carli, 2015. http://hdl.handle.net/11385/200985.

Remetei-Filep, Ádám. "Strategic airline alliances and restrictions of competition by object under EU competition law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/strategic-airline-alliances-and-restrictions-of-competition-by-object-under-eu-competition-law(6c486e81-7012-415e-86e5-74b0a78b81d7).html.

Almgren, Teresia. "Barriers to market entry and EC Competition law." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2468.

Hinder för marknadstillträde är viktigt i många avseenden. För ett företag som slår sig in på en ny marknad är det viktigt att veta vilka hinder det möter. För konkurrensrättsliga myndigheter är det nödvändigt att veta vilka hinder som existerar för att exempelvis kunna avgöra om ett företag har en dominerande ställning. Det är också nödvändigt att känna till hindren för att säkerställa en fri tillgång till marknaden.

Det saknas dock en generellt accepterad definition av hinder för marknadstillträde. Detta gör det svårare för de olika parterna på marknaden att veta om de handlat på ett otillåtet vis. Saknaden av en generellt accepterad definition och en klar åsikt om vad anses vara otillåtet enligt konkurrensrättsliga regler leder också till komplicerade och tidskrävande rättsliga processer.

Jag presenterar en rad olika definitioner samt en översikt av olika hinder för att klargöra ämnet. Jag diskuterar vilka hinder som är av intresse från ett konkurrensrättsligt perspektiv samt varför de är av intresse.

Jag kommer till slutsatsen att från ett konkurrensrättsligt perspektiv så är det inte definitionen i sig som är viktigast, utan man måste avgöra om ett hinder är otillåtet på individuell basis. Vid avgörande måste hänsyn tas till en rad olika faktorer, expempelvis den relevanta marknaden, vilken sorts hinder det gäller, hindrets effekt på marknaden, om hindret genererar några positiva effekter mm.

Barriers to entry are important from many aspects. For a firm entering a market it is important to know which barriers it is facing. From a competition authority’s perspective it is necessary to know the extent of entry barriers to determine for example if a firm enjoys a dominant position. It is also necessary to know the entry barriers in order to create provisions to ensure free market entry.

However, there is not one generally accepted definition of entry barriers. This makes it difficult for players in the market to assess when they are conducting a prohibited action. The lack of a standard definition and a clear opinion of what constitutes a prohibited barrier according to competition law also result in a more complicated and time-consuming judicial process.

I provide the reader with different definitions in order to clarify the matter. I also present an overview of barriers to entry. I also discuss which barriers are interesting from a competition law perspective and why they are of interest.

I conclude that, from a competition law perspective, it is not the definition of entry barriers that is of most interest. The most important question is without doubt whether the individual barrier constitutes an infringement to EC competition policy. That assessment must be done on an individual basis and it is an assessment that is dependant on many factors, such as the relevant market, the type of barrier, the affect the barrier have on the market, any pro-competitive effects etc.

Decker, Christopher. "Economic expertise in competition law enforcement : collective dominance." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433391.

Witt, Anne-Christine. "The more economic approach to EC competition law." Thesis, University of Kent, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504660.

Williams, Anthony Mark. "Nascent competition law in China and Hong Kong." Thesis, King's College London (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408246.

Gursoy, Ece. "The role of efficiencies under EU competition law." Thesis, King's College London (University of London), 2012. https://kclpure.kcl.ac.uk/portal/en/theses/the-role-of-efficiencies-under-eu-competition-law(b79657e1-1dd1-4d87-abcb-8cc6428153c2).html.

Cattaneo, Andrea. "The application of EU competition law to sport." Thesis, Edge Hill University, 2017. http://repository.edgehill.ac.uk/9943/.

Mathobela, Keagile. "Disruptive innovations and their effect on competition law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73246.

Bhattacharya, Shilpi <1982&gt. "Competition Law and the Bounded Rationality of Firms." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7693/1/Bhattacharya_Shilpi_tesi.pdf.

Fonseca, Da Silva Antonio Carlos. "Limiting intellectual property : the competition interface." Thesis, Queen Mary, University of London, 1997. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1693.

Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.

Voudouris, Ioannis. "Maritime transport properties and competition law issues : partial function cooperation agreements in liner and tramp shipping." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8764.

Liu, Hongyan. "Liner conferences in competition law a comparative analysis of European and Chinese law." Berlin Heidelberg Springer, 2009. http://d-nb.info/995338809/04.

Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.

According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.

Lu, Angela Cheng-Jui. "International airline alliances : EC competition law-US antitrust law and international air transport /." Leiden, 2002. http://catalogue.bnf.fr/ark:/12148/cb41007115m.

Ioannidou, Maria. "Consumer involvement in private EU competition law enforcement : evaluating and reshaping the enforcement toolbox : towards acceptable mechanisms." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:7c3aae7a-7aba-45de-9f50-d59241218666.

Hag, Sara. "The Objectives of EU Competition Law : A normative analysis." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-252630.

Vedder, Hans Hermann Bernard. "Competition law and environmental protection in Europe towards sustainability? /." Groningen : Amsterdam : Europa Law Publishing ; Universiteit van Amsterdam [Host], 2003. http://dare.uva.nl/document/67768.

Fiske, Jonathan W. "E.C. competition law in an era of modern telecommunications." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:5463.

Tassano, Velaochaga Hebert Eduardo. "The convergence between competition law and intellectual property rights." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116244.

Lewis, Kristin Elizabeth. "Public versus Private enforcement of South African competition law." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65672.

Lewis, Kristin Elizabeth. "Public versus private enforcement of South African competition law." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/67765.

Van, Wyk Bianca Idalina. "State-owned entities and the impact on competition law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60110.

Gospodinov, Penio Penev <1985&gt. "The Application of European Competition Law in Arbitration Proceedings." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6736/1/gospodinov_peniopenev_tesi.pdf.

Gospodinov, Penio Penev <1985&gt. "The Application of European Competition Law in Arbitration Proceedings." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6736/.

Aregger, Ruth. "The impact of competition law on copyright law in new economy markets in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78198.

From, Johan. "The role of the EU Competition Directorate General (DG IV) in implementing EU competition policy." Thesis, University of Sussex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285081.

Henriksson, Lars. "Rätten till priskonkurrens - i marknadsdominans." Doctoral thesis, Handelshögskolan i Stockholm, Rättsvetenskap (RV), 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1421.

Competition Commission of India Journal on Competition Law and Policy

About Journal

Competition Commission of India Journal on Competition Law and Policy is conceived with the aim of fostering research in the field of competition law and policy. Competition law is a relatively new area of interdisciplinary research concerning law, economics, and finance. With the publication of this journal, the Commission hopes to stimulate rigorous research and informed debate on contemporary issues in the field and apply the results for enforcement and advocacy.

Journal Particulars

Current Issue

CCIJOCLP, Vol. 4, No. 2 [2023]

Published: 2024-04-01

Research Papers

Impact of merger on efficiency, stability, and competitiveness of public sector banks, a study beyond the see-saw of relevant and global turnover: finding a mechanism for adequate penalty, should over-the-top (ott) providers pay the telecom industry, book reviews, book review: competition law in south asia: policy diffusion and transfer, market study report on the dynamics of competition in the indian mining sector with a focus on iron ore.

• Government Of India

• Lang English हिन्दी

Competition Economics

Competition commission of india journal on competition law and policy.

Competition Commission of India Journal on Competition Law and Policy is conceived with the aim of fostering research in the field of competition law and policy. Competition law is a relatively new area of interdisciplinary research concerning law, economics, and finance. With the publication of this journal, the Commission hopes to stimulate rigorous research and informed debate on contemporary issues in the field and apply the results for enforcement and advocacy. Current Volume     Archive    Make Submission    Call for Papers   Editorial Board

Call for Papers

The Competition Commission of India (CCI is a statutory body established under the Competition Act, 2002 to prevent practices having adverse effect on competition, promote and sustain competition in markets, protect the interest of consumers, and ensure freedom of trade carried on by other participants in markets in India. CCI is also mandated to take suitable measures for the promotion of competition law through organising various advocacy programmes for stakeholders. In furtherance of the above, CCI, as a public institution, is engaged in developing a better understanding of competition issues relevant to the Indian context in order to draw inferences for the implementation of competition law and create a culture of competition in India. In pursuit of the same, the Commission publishes the biannual Journal on Competition Law and Policy in both in print and digitally.

Submission of Papers

The Commission invites original high quality research papers, articles, case studies, and book reviews on competition law, economics of competition law, and contemporary anti-trust issues for publication in the journal. The orientation of the papers may be theoretical, empirical, or based on case studies. Book reviews should be of books that were published in the two years before the submission of the paper. The journal would cover a wide range of related themes. However, research papers/articles/book reviews on the following themes in the Indian context and based on empirical research are encouraged:

• Vertical restraints and competition
• Market definition,  measuring   market   power,   and   abuse   of dominance
• Merger and acquisition
• New age economy, platform markets, and challenges for antitrust enforcement
• Intellectual property rights and competition law
• Recent developments in competition law and policy
• Other issues pertaining to competition law and policy

Who can submit paper(s)

• Open to all including academicians, research scholars, industry experts, economists, lawyers, finance professionals, journalists, practitioners and decision makers etc.
• Authors pursuing Master’s degree in any stream
• Authors having Bachelor’s Degree in Law

Important Dates

There is no specific deadline for the submission of papers. Papers cleared by the editorial board will be published in the next issue of the journal.

Selection Process

Papers received for publication in the journal shall be selected through a rigorous two-stage review process. At the initial stage, the Joint Editors will carry out a blind review to determine the eligibility of the paper for further review. On clearing the initial stage, the paper will be sent to the editorial board. A double-blind review process will be followed at both stages. Based on the editorial board’s recommendations, the paper will be accepted, sent back to the authors to be revised, or rejected.

Guidelines for Authors

• The work should be an original and unpublished
• Abstract and Keywords
• Introduction
• Literature Review
• Methods and Results
• Summary or Conclusion
• Acknowledgements and References

(i)       Please submit your paper in the following format:

How to submit paper(s)

Author(s) shall submit their papers only through the web portal  https://ccijournal.in  of the CCI Journal. Author(s) will submit three separate documents, i.e., Full Paper, duly signed Certificate of Originality (Please see Annexure), and CV of Author(s).

Request for further information or any other queries may be sent to   journals[at]cci[dot]gov[dot]in

Competition

To contribute towards augmenting the Indian economy by providing high quality independent research and legislative drafting assistance in formulation of competition law and policy in India

The enforcement of a robust competition law and policy is imperative to reap the full benefits of a liberalised market-based economy. Given the rapidly evolving nature of markets in India, especially in the wake of digital markets, it is crucial that competition law and policy adapts to ensure that it creates a level playing field for market players of all sizes and nature.

To this end, Vidhi seeks to improve competition law and policy through research, discussion and dissemination of ideas essential to promote and sustain businesses, and balance the same with consumer welfare. One of the first projects produced by Vidhi was an independent report, titled ‘Systematising Fair Play: Key Issues in the Indian Competition Law Regime’ which identifies key structural and procedural issues in the Indian competition law framework.

Vidhi also strives to assist the government, including the nodal ministry for implementation of competition law the Ministry of Corporate Affairs, (MCA) in its efforts to review competition law in India.  To achieve this, Vidhi has provided research assistance to the Competition Law Review Committee (CLRC) set up by the MCA to comprehensively review the Indian competition regime, including drafting assistance for the report published by the CLRC (CLRC Report) which gives various recommendations for amendments to substantive and procedural provisions of the Competition Act, 2002. (Act). Taking forward its work with the CLRC, Vidhi also provided research and drafting assistance to the MCA for the Draft Competition (Amendment) Bill, 2020.

Vidhi’s aim is to continue to produce high quality independent research and to assist and advise Union Ministries, and regulatory bodies including the Competition Commission of India in their efforts to bolster the competition law regime in India.

Fair and Competitive Digital Markets for India

The Report of the Committee on Digital Competition Law and the Draft Digital Competition Bill

Vidhi Book Adda | The role of Competition Law in promoting fair bargaining for gig workers in India

Vidhi Book Adda: Discussion on the Book ‘Competition Law in South Asia’

In conversation with Dr. Amber Darr and Prof. Rahul Singh

Privacy Overview

• SUGGESTED TOPICS
• The Magazine
• Newsletters
• Managing Yourself
• Managing Teams
• Work-life Balance
• The Big Idea
• Data & Visuals
• Reading Lists
• Case Selections
• HBR Learning
• Topic Feeds
• Account Settings
• Email Preferences

The FTC’s Noncompete Ban Was Long Overdue

Empirical evidence backs up the argument that trade secrets can remain protected even as talent is freely mobile.

The FTC’s new noncompete rule adopts a comprehensive prohibition on the use of noncompete clauses in any U.S. industry with any worker, including those at senior executive levels. The rule is promulgated using the FTC’s authority to determine practices that are unfair methods of competition. For those who have long argued against the use of noncompetes, this moment has been a long time coming. While the rule already faces legal challenges, company leaders would be well advised to make sure they understand what’s in the rule, its potential impact, and what it could mean for employees. Far from being an anti-business rule, the ban on noncompetes stands to spur innovation and grow markets.

The Federal Trade Commission (FTC) made history last week when it passed a new rule that fundamentally alters the landscape of employment agreements across the U.S.  The agency’s noncompete rule adopts a comprehensive prohibition on the use of noncompete clauses in any industry with any worker, including those at senior executive levels. The rule is promulgated using the FTC’s authority to determine practices that are unfair methods of competition. For those like me who have long argued against the use of noncompetes, this moment has been a long time coming.

• OL Orly Lobel is the Warren Distinguished Professor and director of the Center for Employment and Labor Policy (CELP) at University of San Diego and author of The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future (PublicAffairs), Talent Wants to be Free Why We Should Learn to Love Leaks, Raids and Free-Riding (Yale Press), and You Don’t Own Me (Norton).

Partner Center

Number of Pills Containing Fentanyl Seized by Law Enforcement in the United States, 2017-2023

The number of individual pills containing illicit fentanyl seized by law enforcement increased dramatically between 2017 and 2023, according to a study published in the International Journal of Drug Policy . Over 115 million pills containing illicit fentanyl were seized by law enforcement in 2023, compared to 49,657 in 2017. This research highlights the increasingly dangerous illicit drug supply, and risk of using pills from any source other than a pharmacy.

See NIDA’s press release on this study for additional information.

• J Palamar, et al. National and Regional Trends in Fentanyl Seizures in the United States, 2017-2023 . International Journal of Drug Policy . DOI: 10.1016/j.drugpo.2024.104417 (2024).

Your company may already be a member. View our member list to find out, or create a new account .

Forgot Password?

Content Library

You can search our content library for case studies, research, industry insights, and more.

You can search our website for events, press releases, blog posts, and more.

The Acceleration of Principal Media

May 14, 2024    

Principal media has been getting increased attention, and marketers need to be aware and knowledgeable. This report provides detailed guidelines around areas including the importance of the client/agency contract, the approval process, and auditing.

You're Almost There

Free content, premier events, training, industry leadership, and more — all the insights and resources you and your brand need to drive growth.

Sign in to see everything the ANA has to offer.

Already have an account? The industry's best insights and resources await:

No Account?

Use your business email address to create your free account ; if you're a member through your company, we'll know.

Members can access their benefits as soon as they sign up and log in.

Not a Member?

You can still create a free account to access the latest from our online publication, ANA Magazine , receive content and special event offers through our newsletters, get breaking industry updates, and so much more.

The content you're trying to see is available to:

• All Logged-In Visitors

Discover everything the ANA can do to help drive growth for your organization. Connect with our membership team.

De-Coding Indian Intellectual Property Law

Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

Celebrating our founder Prof. (Dr.) Shamnad Basheer’s 48th birth anniversary, SpicyIP is thrilled to announce the 2024 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law!

As many would know, his intellectual passion and incessant curiosity continues to inspire and motivate the thousands of lives that he touched. The essay competition continues in this spirit, aiming to foster a culture of relentless inquiry and growth, as well as to celebrate his memory and his legacy of outstanding scholarship. A master with the pen, Prof. Basheer was a prolific writer. Apart from publishing extensively in academic journals (most of the publications can be accessed on his SSRN page ), he was also the rare Indian academic who wrote extensively for law students and the lay audience, through various media such as SpicyIP and mainstream newspapers. A collection of all his publications and public interest interventions can be found on SpicyIP here (also accessible from our Resources page ) as well as on shamnad.com (a website dedicated to him).

In his time, Prof. Basheer won prizes in three prestigious essay competitions. The first was an essay competition held by the Stanford Technology Law Review. He won the second prize in that competition for a great piece on the ‘Policy Style’ Reasoning of the Indian Patent Office . The second essay competition that he won was held by the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) for young academics. Shamnad won the very first edition of that competition for his essay on Section 3(d) of the Patents Act. The third was an essay competition held by CREATe on the topic of how Artificial Intelligence would change the practice of intellectual property law. Prof. Basheer won the second prize in that competition for his essay titled ‘Artificial Invention: Mind the Machine’ .

We are thrilled to announce that we once again have a fantastic panel of judges for the Competition, and incidentally all three of them have not only been huge supporters of the blog for several years now, but we’ve also had the pleasure of them having published on the blog! Please see below for further details! 

Submission Guidelines

The details of the competition are as follows:

Eligibility : The competition will be open to students currently enrolled in any LL.B. program (or its equivalent – meaning students enrolled in J.D. programs can take part) across the world, as well as to those who have completed their first law degree in 2022 or later.

Registration : There is no registration fee or registration process for the competition. You may e-mail us your essay whenever it is ready, within the deadline. 

Co-authorship : Only single author submissions will be accepted for the essay competition. A submission cannot have two or more authors. Submissions with more than one author will not be considered.

AI Tools: Usage of AI tools to contribute to the text of the submitted essay is not permitted and will lead to the entry being disqualified.

Selection of Topic : The topic of the essay can be anything related to intellectual property rights – the more creative the better. We encourage participants to take inspiration from Prof. Basheer’s work , which has challenged the orthodoxy of conventional IP wisdom by looking at the subject through the lens of the global south and its development needs. Two values that guided him through the course of his academic writing, were the need for transparency and democratic participation, during the process of making the law and implementation. His commitment to transparency in enforcement of India’s patent law led him to suing the Patent Office on two occasions in order to secure our right to information. He was also playful in his writing, never afraid to think and communicate unconventionally. He brought rigour and substance to his non-conforming ways and we encourage you to bring the same spirit into your entries.

Word Limit: The word limit for submissions is 5,000 words (inclusive of footnotes).

• Please submit the essays in a MS Word format, with 1.5 line spacing. Please do not submit essays in a PDF format.
• We are not prescribing any specific format for footnoting. As long as it is consistent, it should not be a problem.

Deadline and Other Details :

All submissions must be original and unpublished.

If the entry is published elsewhere prior to the announcement of the results of this essay competition, it will not be considered. 

The deadline for submissions is July 14, 2024 (23:59 IST).  

Please e-mail all submissions and queries to submissions[at]spicyip[dot]com (only).

Please submit a covering letter stating:

• the law school where you are enrolled as a student, along with your essay; or if you are a recent graduate, please mention the law school and year of graduation in the covering letter.
• A disclaimer that you have not used AI tools to write any part of your essay. 

Prizes for Winning Essays

Aside from getting published on the blog, the winning essays will receive the following additional prizes:

First prize : INR 25,000

Second prize: INR 15,000

Third prize: INR 10,000

Panel of Judges

The essays will be judged on the basis of the author’s creativity and analytical strength in articulating the arguments. Judges will also take into account entries that demonstrate the values Prof. Basheer displayed in his life and career. This does not mean you have to necessarily agree with everything he wrote. Judges reserve the right not to award the prize if it is considered that no entry is of sufficiently high standard or to divide the prize between two or more entries if they so decide. Judges’ decisions in this respect will be final. The SpicyIP team will shortlist essays to be submitted to an external panel of experts for the final decision.

This brings us to the fantastic panel of judges who have graciously agreed to judge the entries for this edition of the competition. This year the entries will be judged by a panel comprising Prof. (Dr.) Mrinalini Kochupillai, Mr. Murali Neelakantan, and Justice Gautam S. Patel (Retd.). We are grateful to them for sparing their time. Please see their brief profiles below:

Prof. (Dr.) Mrinalini Kochupillai 

Prof. (Dr.) Mrinalini Kochupillai is the founder of SIRN and is a former guest professor and core scientist at the Artificial Intelligence for Earth Observation (AI4EO) Future Lab, Technical University of Munich. In a career spanning over 17 years in academia, Prof. Kochupillai has donned many hats including that of a senior research fellow with the Max Planck Institute for Innovation and Competition (2014-2018), Program Director (2014-2017) and lecturer at the Munich Intellectual Property Law Center. A graduate from the National Law Institute University, Bhopal, in 2003, Prof. Kochupillai pursued an LL.M. in Intellectual Property, Commerce & Technology from the University of New Hampshire, School of Law in 2006.  She completed her Ph.D. at the Ludwig Maximilian University, Munich as a full scholar and fellow of the International Max Planck Research School for Competition and Innovation (2009-13). Prof. Kochupillai’s areas of interest range from business law, patents, plant variety protection, sustainable innovations in agriculture, and business ethics. Prof. Kochupillai’s team is an ERC Starting Grant Winner (2023) for developing a novel system in the ReSeed Project to create a transparent, decentralized and digital marketplace where farmers can share their seeds and valuable know-how with other farmers and researchers around the world.

Prof. Kochupillai has been associated with the blog since its early days, having been a regular blogger with the team in 2007-08 (see here ), and relatively more recently, she and her team partnered with the blog to power an open, public consultation on a position paper on Sustainable Seeds Innovations .

Mr Murali Neelakantan 

Murali Neelakantan is the Principal Lawyer at amicus. He is a dual qualified lawyer (English solicitor and Indian advocate). His current area of research is healthcare policy. He worked with Cipla as global general counsel and with Khaitan & Co as senior partner. In London, he was a partner with Arnold & Porter, and later with Ashurst. Mr Neelakantan has been on the board of directors of Glenmark Pharmaceuticals and TTK Prestige Ltd. As an expert on competition and IP, Mr Neelakantan has authored several incisive op-eds, focusing on the healthcare system, including for BloombergQuint, NDTV Profit, The Hindu, The Wire, Indian Express, Moneycontrol, Scroll, etc.

A 1996 graduate of the National Law School of India University, Bangalore, Mr Neelakantan is also a co-editor for the book, “An Idea of a Law School- Ideas from The Law School”. His academic research has been published in the NLSIR, NLSBLR, Indian Public Policy Review and The Lancet Regional Health – South East Asia. He has been featured as an expert by numerous Indian and international media including Financial Times, British Medical Journal, as well as on numerous podcasts like the Firm, Shortcast over Coffee, and the Seen and the Unseen.

A long-time friend of Prof Basheer, IDIA and SpicyIP, Mr Neelakantan has regularly provided extremely useful advice and insights for us in many of our previous research endeavours, and has also co-authored a post on the issue of trademark protection on colours of medicines and medical devices. 

Justice Gautam S. Patel 

Justice G. S. Patel (Retd.) is known for being one of the finest IP judges the country has seen, with his orders and judgements being filled not only with judicial rigour, but also with scholarly, witty, and often humorous observations, captivating the minds of lawyers and laypeople alike. Some of the orders showcasing Justice Patel’s signature style include Go Holdings Pvt. Ltd. v. Interglobe Aviation Ltd. , Jagdish Kamath v. Lime and Chilli Hospitality Services , and Balaji Motion Pictures v. BSNL (see here for a list of 10 eloquent decisions by Justice Patel that depicted his creative and hard hitting writing style). 

A graduate of St. Xavier’s College and Government Law College, Justice Patel started practice in 1987 in Mumbai, focusing on commercial, corporate, and civil litigation while also partaking in various environmental and pro bono litigations like those relating to the Sanjay Gandhi National Park and Melghat National Park. He was a recipient of the First International Fellowship at Pacific Energy & Resources Center, Sausalito, California in environmental law in 1994-1995. Justice Patel was also a part time lecturer at the Government Law, Mumbai, prior to his elevation as a judge of the Bombay High Court in 2013, and taught administrative law, constitutional law, and environmental law. Justice Patel’s penmanship and witty observations extend even beyond his decisions and he has earlier contributed to Economic & Political Weekly, TimeOut Mumbai, the Mumbai Reader, etc. 

Long time readers of the blog will also remember that Justice Patel authored an incisive and thought provoking post on SpicyIP, that incited a discussion on whether the nature of the content of a work has an impact on its protection under copyright. Justice Patel was rated as one of the top 50 IP personalities by Managing IP, in 2014-2015. A testament to his contributions to the Bench, Justice Patel is the first judge to receive a full court reference on his retirement from the Bombay High Court.

Once again, we thank the judges for their time. And we eagerly look forward to your submissions!

• Click to share on WhatsApp (Opens in new window)
• Click to share on Twitter (Opens in new window)
• Click to share on LinkedIn (Opens in new window)
• Click to share on Facebook (Opens in new window)
• Click to share on Telegram (Opens in new window)
• Click to share on Mastodon (Opens in new window)
• Click to print (Opens in new window)
• Click to email a link to a friend (Opens in new window)

About The Author

Related Posts

Announcing the winners of the 3rd shamnad basheer essay competition on ip law, announcing the 3rd shamnad basheer essay competition on intellectual property law, nluj-cips inter college ip research essay writing competition 2022 [submit by march 10], announcing the winners of the 2nd shamnad basheer essay competition on ip law, leave a comment cancel reply.

Obviously this EFTA- INDIA agreement is going to have severe implications in times to come. The recent amendment to the…

I landed on this article via a google search on the Selfdot case. This is a belter of a written…

please describe the impact on consumers in these IP litigations.

Seems like a one-sided commentary. From the decision, one understands the fine was imposed pursuant to Section 119 of the…

On the Macleods Pharmaceuticals case, I have never seen such a strange argument made on the effect of revocation or…

Copyright © 2024 SpicyIP

Discover more from SpicyIP

Subscribe now to keep reading and get access to the full archive.

Type your email…

Continue reading