TILEC Work In Progress: Eric van Damme and Giorgio Monti
Guidelines Sustainability agreements Opportunities within competition law – the ACM’s approach
We explain and discuss a draft document issued by the ACM this summer. The ACM seeks to provide guidance to undertakings about what kind of sustainability agreements may be entered into which either do not infringe the competition rules or which may be tolerated even if they infringe the competition rules. Having explained the approach of the ACM we comment on this from an economic and a legal perspective. On the side of economics, some questions are: (i) how to incorporate negative externalities in the evaluation? Do all externalities count? (ii) Is there indeed a First Mover Disadvantage? (iii) How to balance damage to competition against efficiency benefits?
Time : 10:45-11:45
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