Klimaschutz und Kartellverbot

Abstract

The consideration of climate protection objectives within the framework of the antitrust prohibition is addressed in this study from the perspective of a preliminary question. Before non-competitive objectives can be taken into account when interpreting Article 101 TFEU, it is first necessary to determine the initial weighting of the interests to be considered. The study first highlights that the principle of proportionality – and thus the requirement to balance interests – shapes the application of Article 101 TFEU as a whole. The underlying image of the scales is shaped in advance by legislative assessments. The question of policy instruments, familiar from the perspective of environmental law, serves as a framework for categorisation.