Sustainability, antitrust law, and greenwashing: challenges and perspectives for Brazil

Abstract

Background: the growing appreciation of sustainability in corporate and regulatory agendas has motivated collaborative initiatives between companies, many of which challenge the traditional boundaries of antitrust law. However, the absence of clear normative guidelines on reconciling competition defense with environmental objectives has generated legal uncertainty and controversies in enforcement.

Objective: this article critically examines the compatibility between sustainability objectives and the application of competition defense rules, with a focus on the Brazilian legal system. It is intended to demonstrate the risks and limitations of incorporating environmental justifications into the competitive analysis and to evaluate more appropriate regulatory alternatives.

Method: a legal-economic approach is employed, based on a literature review, economic analysis, and a comparative study of national and international experiences and decisions.

Conclusions: it is argued that the direct incorporation of sustainability in antitrust enforcement is problematic due to the incommensurability between environmental benefits and harm to competition, the conceptual indeterminacy of sustainability, and the risk of opportunistic use of environmental discourse. It is concluded that public regulation, through mandatory standards, financial incentives, and voluntary certifications, constitutes a more legitimate and effective means of reconciling sustainability and competition. The focus of antitrust law on protecting rivalry and consumer well-being should be preserved.