The European Business Council for Africa

This article looks at monopoly power as a barrier to a sustainable future and asks how we can use competition policy (particularly Article 102 TFEU and merger control) more intelligently in the light of climate change and growing market concentration. It looks at both how competition policy can be used as a “sword” to attack power and unsustainable practices, and how it can avoid impeding sustainable initiatives (sometimes acting like a “shield”).

Before diving into the “competition law bubble” and the technical analysis, the article sets the scene with a brief look at the climate crisis and then at the evidence of vastly increased market concentration and power-- and the growing evidence of the economic, social and political harms to which this is giving rise.

It then looks at how Article 102 TFEU could be used more effectively to tackle unsustainable practices.

Finally, it looks at how merger control could be used more intelligently as a way of tackling market power and unsustainable business practices-both before they arise (as a result of a merger) and as a way of preventing such power or practices being exacerbated by a merger.

Keywords: Sustainability, climate change, competition law, monopoly, mergers, abuse of dominance. 


Please read the full report here