EU antitrust in support of the Green Deal: Why good is not good enough

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The Dutch Authority for Consumers and Markets and the EU Commission have published proposals to green antitrust. Based on the assumption that Article 101(3) TFEU would allow collective action, both competition agencies suggest different routes to re-interpret the consumer benefit and indispensability condition of said provision. This article finds that said re-interpretations bring competition policy outside the limiting principles that define objective and effective competition enforcement. Collective action is a no-go to begin with because the residual competition condition is actually meant to prioritize the protection of the competitive process over potential efficiency gains, and to protect competition in all its expressions.