Thesis title: SOSTENIBILITÀ E DIRITTO ANTITRUST EUROPEO
The thesis examines the relationship between sustainability and European antitrust law. The analysis begins by seeking to delineate the contours of the notions of “sustainability” and “sustainable development”, as well as by exploring the foundations of these concepts in the primary law of the European Union and their development in subsequent instruments, such as the European Green Deal and the Commission’s Notice on the definition of the relevant market. The study focuses on the impact of sustainability in the assessment of antitrust cases. In particular, with regard to restrictive agreements, it examines the relevance of positive sustainability effects as efficiency gains within the meaning of Article 101(3) TFEU. To this end, selected national experiences of particular significance are considered, including Austria — which was the first to adopt legislative measures in this field — as well as the United Kingdom and the Netherlands. Finally, the issue is also addressed in relation to abuses of dominant position and merger control, highlighting how sustainability may operate both as a factor reinforcing or leading to a negative assessment of the conduct, and as a potential source of efficiency gains.