A fair share of sustainability benefits for consumers: the Horizontal Guidelines in the silent spring

The revised Horizontal Guidelines provide a new framework to assess sustainability agreements. This article explores two pivotal aspects in the Horizontal Guidelines: individual non-use value benefits and collective benefits. By portraying sustainability as an economic rather than a moral benefit, the analysis delves into the foundations and methodologies used in these benefits and their fit into the existing caselaw, exposing shortfalls and controversies in their application. Building on this discussion, the article further explores the legitimacy of competition authorities to exercise distributional functions and decide on consumer preferences. The article overcomes the notion of sustainability as a non-economic goal in competition law, reveals key challenges in the future application of the Guidelines and aligns the economic discussion with the legal reality.

A fair share of sustainability benefits for consumers: the Horizontal Guidelines in the silent spring Articles