SUSTAINABILITY AND ARTICLE 101(1) TFEU (“Sprunglieferungsverbot”). Competition is restricted here, but it is not the competition that Article 101(1) protects (“schutzwürdiger Wettbewerb”). Last but not least, the climate issue may become an all-overriding issue, compelling an ad hoc combination of classic legal and novel political instruments similar to those we have seen in the aftermath of the 2008 financial crisis. CONCLUSION There is currently no case law or even scholarly discussion on the obligation of competition authorities and national courts to ensure the reconciliation of decisions in the field of competition law with sustainability imperatives where this would mean prohibiting an otherwise pro-competitive agreement on sustainability grounds. However, although it is rather unlikely that a competition authority or court will find such an obligation in the immediate future, it does not seem wholly impossible either. Who other than ESG-heavyweight Robert G. Eccles would have thought ten years ago that institutional investors would one day base their investment decision on ESG-considerations and that integrated reporting would become the norm? Brussels, 13 October 2022
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