The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law

Malnar, Vlatka Butorac; Kaufman, Jasminka Pecotić

doi:10.1017/9781780687407.018

Cited by 3 publications

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“…Secondly, the importance of sustainability should be included in their competition awareness and advocacy campaigns. Some lessons could be learnt from newer NCAs, which had to create and promote a competition culture in their jurisdictions, especially those that embarked on new market economies away from the communist era with capacity building and changes in values and thinking (Butorac‐Malnar and Kaufman 2016). For instance, the NCAs of the Central and Eastern European countries regularly organise competition awareness events and training, publish guidelines to businesses and popularise competition law to society at large, including schools and universities (Malinauskaite 2019).…”

Section: The Role Of the Ncas In Sustainability Debates And Practical...mentioning

confidence: 99%

Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities

Malinauskaitė

Erdem

2023

J of Common Market Studies

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Debates have surged in the EU on how EU competition policy can best support the European Green Deal. In the theoretical and practical scopes, non-economic factors in competition law analysis are problematic due to the difficulty in measuring the concrete benefits of trade-offs. The National Competition Authorities (NCAs) rather than the European Commission (EC) are leading the 'sustainability in competition law' debates, which is the focus of this paper. Therefore, this study reviews the current status quo of all NCAs' positions concerning sustainability-related matters by classifying them into four typologies in terms of their willingness to incorporate sustainability in their assessments. It further identifies four emerging NCAs models which seem to divert from the EC's view.This can be problematic in ensuring the uniform application of competition law. IntroductionSustainability is at the heart of the European Union (EU) with its pressing challenges to decouple economic development from environmental degradation. In light of the European Green Deal (EGD), which is a long-term plan to make Europe the first climate-neutral continent by 2050, inter alia, Commissioner Vestager (2020) noted that "the time has come to launch a European debate on how EU competition policy can best support the Green Deal". Indeed, the European Commission (EC) signals its intention towards more sustainability-friendly competition practices (European Economic and Social Committee, 2022; European Commission, 2022a) by committing to providing concrete examples of how sustainability objectives can be pursued by different types of cooperation agreements (i.e. joint production/purchasing agreements, standard setting etc.) without restricting competition. The EC in its long-awaited Draft Horizontal Cooperation Agreements Guidelines (Draft Guidelines) incorporated a new chapter on how to self-assess sustainability agreements (European Commission, 2022b). Apart from these draft guidelines and draft of the revised R&D and Specialisation Block Exemption Regulations (known as 'HBERs') (European Commission, 2022c), the EC is not leading this debate, most likely due to limited cases in this field. Instead, the National Competition Authorities (NCAs) have taken a lead for some time now, which is the focus of this paper.

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Section: The Role Of the Ncas In Sustainability Debates And Practical...mentioning

confidence: 99%

Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities

Malinauskaitė

Erdem

2023

J of Common Market Studies

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Introduction

Malinauskaitė¹

2019

Harmonisation of EU Competition Law Enforcement

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Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries

Malinauskaitė

2019

Harmonisation of EU Competition Law Enforcement

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The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law

Cited by 3 publications

References 0 publications

Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities

Competition Law and Sustainability in the EU: Modelling the Perspectives of National Competition Authorities

Introduction

Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries

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