Review article
https://doi.org/10.22598/iele.2026.13.1.7
EXPLORING THE “DIGITAINABILITY” POTENTIAL OF SUSTAINABILITY AGREEMENTS UNDER THE COMMISSION’S GUIDELINES ON HORIZONTAL COOPERATION AGREEMENTS
Ana Pošćić
orcid.org/0000-0001-7315-0630
; University of Rijeka, Faculty of Law, Rijeka, Croatia
*
Adrijana Martinović
orcid.org/0000-0002-5182-6393
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Narda Krnetić Blečić
orcid.org/0009-0007-9333-8586
; University of Rijeka, Faculty of Law, Rijeka, Croatia
* Corresponding author.
Abstract
The environmental footprint of AI systems and associated digital technologies is becoming an increasing concern. While trying to keep the competitive edge by adopting and relying on AI technologies, the companies may find themselves struggling to reach sustainability goals. The concept of ‘digitainability’ has recently been suggested to highlight the positive and negative interconnections between integration of digital technologies and AI in the business processes, and sustainability. The synergies and trade-offs between digitalisation and sustainability arguably produce a considerable impact on competitiveness as well. The aim of this paper is to explore the intersection between digitalisation and sustainable development in the competition area. It will focus on the potential of sustainability agreements between competitors to amplify the positive digitainability effects, and their compatibility with the current EU legal framework. The antitrust assessment of sustainability agreements will be analysed in the light of the Commission’s Guidelines on the applicability of Article 101 of the TFEU to horizontal co-operation agreements. Although not legally binding, their aim is to make it easier for companies to shape their future strategic decisions and cooperate in “economically desirable” ways, which includes promoting legitimate sustainability cooperation and thus contributing to the green and digital transitions. The paper will specifically evaluate several key issues in the context of sustainability agreements, primarily concerning the status of sustainability agreements under the Commission’s Guidelines, the application of the ‘soft safe harbour’ concept, and the guidance for competition assessment of sustainability agreements under Article 101(3) TFEU. The idea is to offer some directions for companies in realising new digitainability opportunities while respecting competition regulation, and to critically evaluate the existing legal framework.
Keywords
“Digitainability”; sustainability; artificial intelligence; competition law
Hrčak ID:
347866
URI
Publication date:
16.6.2026.
Visits: 61 *