The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays? (2024)

Abstract

In October 2020, the European Commission (EC) published a call for contributions on how competition rules could support the Green Deal. With this initiative, the EC followed in the footsteps of several national competition authorities which had already issued guidance on competition policy and sustainability initiatives. The Netherlands Authority for Consumers and Markets (ACM) is, to date, the only authority to publish draft Sustainability Guidelines with progressive, practical guidance. In this paper, we explore the extent to which ACM’s Sustainability Guidelines could serve as a source of inspiration for a modern EU approach to sustainability and competition policy. We will conclude that while these Guidelines constitute a clear compromise, ACM has created an intelligent modus operandi to allow for more cooperative sustainability initiatives under the third paragraph of Articles 6 Dutch Competition Act and 101 TFEU without itself having to take decisions about public policy. Sustainability – Green Deal - fair share - polluter pays – ACM - Netherlands - Article 101 TFEU.

Original languageEnglish
Pages (from-to)287-327
Number of pages41
JournalEuropean Competition Journal
Volume18
Issue number2
Early online date28 Oct 2021
DOIs
Publication statusPublished - 2022

Bibliographical note

© 2021 Informa UK Limited, trading as Taylor & Francis Group

Research programs

  • SAI 2010-01 RRL

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    Jansen, P., Beeston, S., & van Acker, L. (2022). The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays? European Competition Journal, 18(2), 287-327. https://doi.org/10.1080/17441056.2021.1995227

    Jansen, Pim ; Beeston, S ; van Acker, L. / The sustainability guidelines of the Netherlands Authority for Consumers and Markets : an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays?. In: European Competition Journal. 2022 ; Vol. 18, No. 2. pp. 287-327.

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    Jansen, P, Beeston, S & van Acker, L 2022, 'The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays?', European Competition Journal, vol. 18, no. 2, pp. 287-327. https://doi.org/10.1080/17441056.2021.1995227

    The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays? / Jansen, Pim; Beeston, S; van Acker, L.
    In: European Competition Journal, Vol. 18, No. 2, 2022, p. 287-327.

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    AB - In October 2020, the European Commission (EC) published a call for contributions on how competition rules could support the Green Deal. With this initiative, the EC followed in the footsteps of several national competition authorities which had already issued guidance on competition policy and sustainability initiatives. The Netherlands Authority for Consumers and Markets (ACM) is, to date, the only authority to publish draft Sustainability Guidelines with progressive, practical guidance. In this paper, we explore the extent to which ACM’s Sustainability Guidelines could serve as a source of inspiration for a modern EU approach to sustainability and competition policy. We will conclude that while these Guidelines constitute a clear compromise, ACM has created an intelligent modus operandi to allow for more cooperative sustainability initiatives under the third paragraph of Articles 6 Dutch Competition Act and 101 TFEU without itself having to take decisions about public policy. Sustainability – Green Deal - fair share - polluter pays – ACM - Netherlands - Article 101 TFEU.

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    Jansen P, Beeston S, van Acker L. The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays? European Competition Journal. 2022;18(2):287-327. Epub 2021 Oct 28. doi: 10.1080/17441056.2021.1995227

    The sustainability guidelines of the Netherlands Authority for Consumers and Markets: an impetus for a modern EU approach to sustainability and competition policy reflecting the principle that the polluter pays? (2024)
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