Towards a more sustainable approach in European competition Law? A discussion based on the example of merger control in the aviation industry

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The objective of this paper is to explain how environmental and sustainability aspects can be taken into account in European merger control. We explain why there is currently a need to take environmental and sustainability aspects into account in competition law and describe the legal framework for the application of such aspects in the area of merger control. We then develop a theoretical concept of a more sustainable approach and describe how this model could be applied to airline mergers. Finally, we argue that there is already a scope, albeit a narrow one, for the consideration of environmental and sustainability aspects in European merger control.