Environmental law & competition law: conflicts & complementarities from an environmental economics perspective
| Autor | Jorge Madeira Nogueira |
| Cargo | Full Professor at the Department of Economics at the University of Brasília (ECO / UnB). Graduated in Economics from the Federal University of Rio de Janeiro (1975), Jorge Madeira Nogueira obtained his Master's degree in Production Engineering from the Coordination of Graduate Programs in Engineering at the Federal University of Rio de Janeiro ... |
| Páginas | 93-105 |
ENVIRONMENTAL LAW & COMPETITION LAW: CONFLICTS &
COMPLEMENTARITIES FROM AN ENVIRONMENTAL ECONOMICS PERSPECTIVE
Direito e Desenvolvimento, João Pessoa, v. 11, n. 1, p. 92-105, jan./jun. 2020.
ENVIRONMENTAL LAW & COMPETITION LAW: CONFLICTS &
COMPLEMENTARITIES FROM AN ENVIRONMENTAL ECONOMICS
PERSPECTIVE1
DIREITO AMBIENTAL & DIREITO DA CONCORRÊNCIA:
CONFLITOS & COMPLEMENTARIDADES DO PONTO DE VISTA DA
ECONOMIA AMBIENTAL
Jorge Madeira Nogueira
ABSTRACT:
The aim of this paper is to evaluate whether environmental restrictions or requirements are
considered in competition law Common sense conceives that a company that bears costs of
complying with environmental requirements experiences increased costs and seeks to transfer
it to the prices of its products A possible consequence of this behavior is its eects upon the
competitive position of the company in the market Thus the interface between environmental
requirements and competition law is enhanced Companies that disobeyed environmental
regulations would have a hypothetical competitive advantage over companies in the same sector
that obeyed it Would this situation require greater oversight of compliance with environmental
laws for all companies to observe and comply with such legislation Or alternatively is it
necessary to aggravatemitigate penalties in competition law of those who have failedfullled
in environmental law In this context the paper focuses on the second question and investigates
environmental implications of competition law It initially shows that there is no immediate
response in the specialized literature We review legal and economic references to display
arguments of those scholars who believe that a certain dialogue between the environment and
competition is possible and of those scholars that on the other hand understand that they are
elements not compatible or even conicting Finally we estimate economic costs of the mutual
lack of attention between these two branches of law using case studies from the Brazilian reality
Keywords: Competition Law Environmental Law Economics Competitive Advantage
JEL Codes: K K Q
RESUMO:
O objetivo deste artigo é avaliar se restrições ou requisitos ambientais são considerados no
direito da concorrência O senso comum concebe que uma empresa que arque com custos de
cumprimento das exigências ambientais experimenta custos elevados e busca transferilos para
A preliminary and partial version of this paper was accepted to an oral presentation at the th International Atlantic Economic
Conference that would take place in Rome Italy March The Conference was cancelled due to the coronavirus pandemia
Full Professor at the Department of Economics at the University of Brasília ECO UnB Graduated in Economics from the
Federal University of Rio de Janeiro Jorge Madeira Nogueira obtained his Masters degree in Production Engineering from the
Coordination of Graduate Programs in Engineering at the Federal University of Rio de Janeiro and his doctorate in Agrarian
Development University of London He joined the professor in the Department of Economics at the University of Brasilia
ECO UnB in Between and he was Visiting Professor at Cornell University in the United States Email jmn
gmailcom
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