Environmental Sustainability through COmpetition LAw (ESCOLA)

The research aims to investigate the relationship between environment and competition policy (main topic), in order to highlight a new trend in the process of European integration. The common objectives of the project consist in a) precisely defining the scope of the exemptions provided by the EU competition rules in favour of environmental protection; b) assessing to what extent environmental protection issues are/can be integrated into EU competition policy, in order to reconstruct the unitary principles that have directed this integration and define a model applicable to other policies; c) assessing to what extent competition rules, as defined in the TFEU and as applied at EU and national level, contribute to the reach of environmental sustainability goals, also highlighting the different contribution of the subsectors of competition law and their effectiveness in achieving environmental policy objectives. The research will be conducted by three units. Indeed, a complete study on the main topic shall look at the role of both public and private sectors in bringing together economic and environmental purposes. This implies an in-depth analysis to be conducted in all the subsectors of competition policy, namely: i) competition law concerning companies, i.e. the three traditional institutes of restrictive practices, abuse of dominant position and mergers (antitrust Unit); ii) competition law concerning services of general economic interest (SGEI Unit); and iii) State aid law (State aid Unit). The work of each Units starts by identifying the specific issues, related to the main topic, arising in the three subsectors of competition law. Accordingly, the Units will carry on their studies, in both a doctrinal and an empirical fashion, in order to investigate whether, and to what extent, the legal frameworks of the specific subsectors allow environmental protection issues to be integrated into competition policy (unit objectives). Each Units will find out theoretical and practical solutions to shape in an effective way the relationship between environment and competition, according to the subsectors specific set of rules (unit results). The unit results will contribute to the reach of the above-mentioned common objectives. The above-described study of the impact of environmental protection in the three areas of competition policy is divided into three phases, the first of which (Phase I, duration 4 months) consists of a critical review of decision-making and case law, the second (Phase II, duration 10 months) consists of an exchange between experts and stakeholders operating in the various sectors concerned and the third (Phase III, duration 10 months) leads to the develop of new approaches and models in defining the relationship between environment and competition, with a proactive attitude.