The Role of National Competition Authorities in the Assessment of Sustainability Agreements Under Article 101(3) TFUE

The article wishes to contribute to the broader debate on sustainability agreements in European competition law, specifically focusing on the role of national competition authorities (NCAs) in evaluating these agreements under Article 101(3) TFEU. After exploring the potential inclusion of wider policy considerations in the parameters to exempt anti-competitive agreements under Article 101(3) TFEU, the article delves into the risks commonly associated with allowing NCAs to incorporate these into their assessments. Concrete examples illustrate the Commission’s narrow approach and the Dutch NCA’s initially broader perspective. The article argues that perceived risks can be mitigated through the harmonizing role of the European Competition Network. In essence, it advocates for a nuanced approach that respects democratic objectives while upholding legal coherence in Union’s competition law