欧盟竞争法中环境协议的分析与借鉴

环境协议是欧盟竞争法的重要组成部分,是顺应欧盟一体化和可持续发展要求的产物。欧盟竞争法全面规定了环境协议法律构成的各项问题,众多环境协议案例也进一步论证了环境协议区别于竞争法中一般协议的法律特性。环境协议的兴起与绿色豁免的例外正是经济发展与环境保护相协调的必然产物。我国竞争法协调市场经济正常运行时也对此予以规定,并解决了一些有关绿色豁免的不正当竞争案例。但我国环境相关市场正在形成,尚未建立起较为系统的处理体系,对欧盟竞争法中环境协议法律制度的研究可以为我国环境协议制度的建立提供借鉴。

Analysis and reference of environmental agreements of EU competition law

Environmental agreement is an important part of the EU competition law, and the outcome of fulfilling the requirements of integration and sustainable development of EU. EU competition law totally regulates the issues of legal construction of environmental agreement, and many cases of environmental agreements further demonstrate the legal characteristics of environmental agreements which are different from general agreement. The rise of environment agreement and the exception of green immunity are inevitable products of the balance between economic development and environment protection. The competition law in China also regulates it when coordinating the normal operation of market economy, and solves some cases of unfair competition related with green immunity. But the related market of environment is in the forming process in China, and the systematic treatment system is not established yet. To study the legal institutions of environmental agreements of EU competition law can provide references for China to construct environmental agreement institution.