Publications

  • Publications
  • CCCS-ESS Essay Competition 2022: 3rd Prize (Open Category) Environmental Sustainability: The Role of Competition and Consumer Protection Laws and Policies

CCCS-ESS Essay Competition 2022: 3rd Prize (Open Category) Environmental Sustainability: The Role of Competition and Consumer Protection Laws and Policies

Year of Publication: 2022
Month of Publication: 8
Author(s): Selene Tanne
Research Area(s): Environmental Law
Name of Working Paper Series:

NUS Law Working Paper No. 2022/010

NUS Asia-Pacific Centre for Environment Law Working Paper 22/03

WPS Paper Number: APCEL-WPS-2203
Abstract:

Humanity is facing existential environmental crises, including climate change and biodiversity loss. This must be mitigated through environmental sustainability, which entails decarbonisation and reduced resource consumption. Despite the urgency, progress remains sorely inadequate. Sustainable technologies exist but not at the large scale of production and consumption required. Thus, this essay argues that competition and consumer protection regimes (i.e., laws and policies) can and should be instrumentalised by Singapore to push the economy-wide sustainability transition. While both are crucial, our competition regime is an important driver in the background, while our consumer protection regime takes a more front-facing role in driving our economy-wide sustainability transition.

Part I demonstrates how fair competition as we know it is environmentally damaging and seems at odds with environmental sustainability. Part II reconciles the two by showing how our competition regime maintains fair competition in a balanced and effective manner, excusing collaborations and mergers if they can achieve net economic benefits and benefits to consumers and wider society. Further, it draws on best practices from the Netherlands, a jurisdiction that is a pioneer in sustainability-conducive competition regulation, to show that we are on the right track and for ideas on how fair competition can be used to spur sustainability activities. Part III argues that, in contrast, our consumer protection regime is insufficient to protect consumers against greenwashing and regulate green claims. As a solution, it suggests setting up an expert group to (1) create and promulgate standards for green claims that are harmonised with international standards and national goals; and (2) exercises monitoring, verification, and enforcement powers.