Environmental Integration in Competition and Free-Movement Laws (17 December 2018)

Asian Institute of International Financial Law
Faculty of Law, The University of Hong Kong

Environmental Integration in Competition
and Free-Movement Laws

Dr Julian Nowag
Faculty of Law, Lund University, Sweden

Monday, 17 December 2018
12:30 – 1:30 pm
Room 723, 7/F Cheng Yu Tung Tower
The University of Hong Kong

The book Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law.

The focus of this presentation will be on part one of the monograph: the interaction between the aim of environmental protection and competition law.

Structured in three parts, the book (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself; (II) it investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law; (III) it analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.

Dr Julian Nowag is Associate Professor (docent) in EU law at Lund University specialized in competition law and the Director of the Master programme in European Business Law. He is also an Associate at the Oxford Centre for Competition Law and Policy where he is on the editorial board of The Journal for Antitrust Enforcement as Managing Editor. Julian earned a Master’s degree (MSt) and a Doctorate (DPhil) from the University of Oxford. He also completed an LLM in European Legal Studies at Durham University and undergraduate law studies in Germany and Austria. He teaches courses on competition and various areas of EU law. Julian is a qualified lawyer in Germany. His professional training focused on competition law with placements at the German Competition Authority’s international co-operation unit, the European Commission (DG Comp, cartels unit) and Allen & Overy’s German Antitrust unit in Hamburg. Luc Peeperkorn (Principal Advisor Antitrust Policy European Commission) described his recent OUP book entitled ‘Environmental Integration in Competition and Free-Movement Laws’ as an ‘intelligent and profound operationalisation of the obligation to integrate environmental concerns in EU competition law without undermining the effective enforcement of Articles 101 and 102 TFEU. A must read for all those active and interested in this field.’ His current research focuses on the interaction between EU constitutional arrangements and economic aspects of competition and internal market law as well as globally relevant aspects of competition law enforcement.