International Journal of Tourism, Travel and Hospitality Law 2023

Sustainability and Article 101(1) TFEU – Exploring (almost) virgin territory – Bertold Bär-Bouyssiere, LL.M.1 Introduction. 2. Sustainability considerations in Article 101(3) TFEU. 3. Sustainability considerations in Article 101 (1) TFEU? a) What is that “competition” which Article 101(1) TFEU protects? b) What is the reach of Querschnittsklauseln? Conclusion Can the European Commission prohibit an agreement that benefits consumers financially but is incompatible with the protection of the environment? The (tentative) answer: Unlike some national competition regimes which are more technical than political, the EU policy setup and decisional process may occasionally force the Commission to consider other than market-relevant factors when adopting a decision in the field of competition policy. Keywords: Environmental protection. Sustainability. Competition. Article 101 (1) TFEU. 1. INTRODUCTION Much ink is spilled – and the debate is intense – about how to integrate considerations of environmental protection and sustainability into competition law. There is some urgency to the issue, given the imminence of climatic changes. Admittedly, the recent discovery by the James Webb Space Telescope of the planet Speculoos-2c, formerly known as LP 890-9c, has taken some steam out of the process, as we now see the possibility of a plan B – the planet is just 100 light years away from ours, a Katzensprung. DOI 1 Senior competition specialist working in Brussels since 1996. Of Counsel in the Brussels and Berlin Offices of Dentons Europe.