Suzanne Kingston

Greening EU Competition Law and Policy

Introduction Part I. Should Environmental Goals Play a Role in EU Competition Policy?: 1. Environmental protection in EU competition theory to date 2. The rise of the market in EU environmental policy 3. A legal systematic argument 4. A governance argument 5. An economic argument Part II. The Role of Environmental Protection in EU Competition Policy in Practice: 6. Definition of an undertaking, market definition and effect on inter-state trade 7. Article 101(1) TFEU 8. Article 101(3) TFEU 9. Article 102 TFEU 10. Merger policy 11. State action and Articles 101 and 102 TFEU 12. State aid Part III. Conclusions.

Integrating Environmental Protection and EU Competition Law: Why Competition Isn't Special

One of the biggest challenges facing environmental policy makers at present is that of integrating environmental protection goals into economic policy areas. Unless this is genuinely achieved, it is clear that environmental degradation will continue apace. Though one of the EUs most important areas of economic competence is competition policy, many policy makers and commentators reject the notion that environmental concerns should play a significant role in EU competition analysis. In that light, this article addresses two key questions. First, should this approach apply? Second, if not, what are the principles that govern how environmental protection requirements should be taken into account by decision makers applying EU competition law? In answering these questions, the article puts forward three theoretical arguments as to why, and how, the environmental benefits and damage flowing from goods and services should be taken into account by EU competition decision makers, based, respectively, on legal systematic, governance and economic reasoning.

II. SURVEYING THE STATE OF EU ENVIRONMENTAL LAW: MUCH BARK WITH LITTLE BITE?

In the three years since last surveyed in the Quarterly, 1 EU environmental law has continued to justify its reputation as one of the most fast-moving fields of EU law, with a large number of highly significant legislative and jurisprudential developments. This review selects some of the most important areas of development in the field in recent years: in particular, the EUs new environmental action programme for 2013–20, EU climate and energy law, environmental governance and enforcement, and integration of environmental concerns into other EU policy areas.

European environmental law

EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology.

All is Changed, Changed Utterly? The Euro Crisis, the CJEU, and the Changing Nature of National Tax Sovereignty in the EU

This paper critically discusses the impact of the EUs response to the Eurocrisis, combined with recent jurisprudence of the Court of Justice of the EU, on the highly sensitive issue of national tax sovereignty within Europe.

Greening EU Competition Law and Policy by Suzanne Kingston

Introduction Part I. Should Environmental Goals Play a Role in EU Competition Policy?: 1. Environmental protection in EU competition theory to date 2. The rise of the market in EU environmental policy 3. A legal systematic argument 4. A governance argument 5. An economic argument Part II. The Role of Environmental Protection in EU Competition Policy in Practice: 6. Definition of an undertaking, market definition and effect on inter-state trade 7. Article 101(1) TFEU 8. Article 101(3) TFEU 9. Article 102 TFEU 10. Merger policy 11. State action and Articles 101 and 102 TFEU 12. State aid Part III. Conclusions.