engleski

Competition law implications of private regulation in lifestyle policy

The European Union and national governments have, in recent years, explored a number of regulatory avenues for promoting healthier lifestyles beyond command and control regulation and taxation. One tool that is increasingly being explored is private regulation – either self-regulation or co- regulation in partnership with public actors. An obstacle these schemes may encounter is the possible application of EU or national competition law. A straightforward price-fixing agreement Information exchanges, joint promotion campaigns or standard-setting for higher quality food or less harmful substances in cigarettes are all complicated but still potentially problematic examples. In this paper, I discuss how these voluntary arrangements are likely to fare under EU competition law, focusing especially on Art 101 (agreements and decisions of associations of undertakings) and only incidentally on Art 102 TFEU (unilateral abuse of a dominant position). I also discuss how they should be designed in order to escape competition law scrutiny. I also link this discussion to some broader issues of competition enforcement. Industry initiatives that promote public health, among others, highlight the tension between a narrow and more workable reading and a broader, more flexible but messier reading of competition law disciplines.

private regulation ; lifestyle risks ; competition law

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