Abuse of dominance

When discussing sustainability and competition law Article 102 TFEU has so far been largely ignored. However, the enforcement of Article 102 TFEU could further the Sustainable Development Goals if sustainability considerations were taken into account when deciding on the criteria relevant for Article 102 TFEU (market dominance, abuse, weighing of interests/justification) or on the sanctions (commitments). New categories of abusive practices could be established when dealing with infringement of non-competition regulations. Existing categories of exploitative and exclusionary abuses can be developed to better deal with sustainability cases. However, it is also conceivable that abusive practices could be justified with a view to positive effects on sustainability. Commitments or remedies can be designed in a way that also furthers sustainability.