There is no reference anywhere in the EU treaties to ’Consumer Welfare’. This forward argues that the correct starting point for analysing any question under European competition law is not consumer welfare but the constitutional provisions of the Eu treaties. These not only allow, but require, that sustainability concerns be taken into account when interpreting and applying all the provisions of the treaties: there is no exception made for competition law. That said, if we do proceed AS IF consumer welfare were the relevant standard then, when looked at in its normal meaning, it is more than capable of taking into account sustainability concerns.
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