The Relation Between Environment and Competition Policy: Trends in European and National Cases

Abstract

This special issue contains discussions of cases in European and national practice concerning the interface between competition and environmental policy. Although the common denominator between the cases is a relationship with these two policy areas, a distinction can be drawn between two broad categories of cases. First, as we can imagine, measures taken with the objective of protecting the environment can have anticompetitive effects. In some cases, it is in fact not possible to secure environmental benefits without affecting the degree of competition in a market. The cases in this category illustrate a clear tension between competition and environmental protection, where it is up to the various stakeholders to achieve a balance between the two policy areas. The review of the reported cases also revealed another category of cases in which the anticompetitive behaviour was not a ‘necessary evil’ towards the achievement of an environmental objective, but was simply conducted in the interests of the companies involved, as it would have been done in other ‘ordinary’ anticompetitive practices. The relationship with environmental policy in these cases is that the companies work in environmental sectors, such as waste management and recycling schemes. This foreword covers both types of case and will highlight trends and differences found within European and national cases, primarily based on cases reported in e-Competitions.