2007 Fiscal Year Final Research Report Summary
Comparative and Empirical Study on Correspondences of Competition Law and Policy to Environmental Law and policy
| Project/Area Number |
16530035
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Niigata University |
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Principal Investigator |
SAWADA Katsumi Niigata University, Institute of Humanities Social Sciences and Education, Professor (40187290)
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| Project Period (FY) |
2004 – 2007
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| Keywords | Competition Law / Competition Policy / Environmental Law / Environmental Policy / GATT / WTO / EC / EU / Federal Republic of Germany / United Kingdom |
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| Research Abstract |
As results of this research, following facts have been revealed. In the GATT/WTO, environment related Articles are found in the Marrakesh Agreement Establishing the WTO, TBT Agreement, SPS Agreement, Agreement on Agriculture, Agreement on Subsidies and others. Further. Article 20 of the GATT, general exception of the GATT principles, has begun to be interpreted by the Panel and the Appellate Body to permit trade restrictions for environmental purposes since end of 1990's. Article 20 (b) and (g) now function to permit WTO members to employ trade policies protecting environment.
In EC/EU, Article 81 (1) of the EC Treaty prohibits restrictions of trade and Art. 81 (3) sets out exceptions. The European Committee proclaimed "Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements" in 2001, according to which environmental agreements are normally not prohibited. The Committee is practicing according to these Guidelines. The European Court of Justice emphasizes the value of the environment in the cases where economic and environmental interests fall into conflict. The Court of First Instance pointed out the limit of permission of restraints of competition for environmental purposes and held against DSD. The European Council recognizes that in some cases the competition might be allowed to be restricted for the sake of environment.
In Germany, the Federal Cartel Office tolerated DSD by not applying the Act against Restriction of Competition. Among academics, the theory of absence of agreements, theory of introduction of the Rule of Reason, theory of non-protected competition, theory of balancing test, theory of internal restriction of competition law and others were claimed. This problem has been resolved by amendments of the Act.
The Competition Act of the United Kingdom has employed the system to follow EC competition law
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