The new European Commission (the “Commission”) has an ambitious mandate, with economic growth and competitiveness at its heart. On 29 January 2025, the Commission published a Communication entitled “A Competitiveness Compass for the EU” (“Compass”) to guide its work for the next five years. The Compass outlines a strategic framework aimed at enhancing the competitiveness…
In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and often, criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new provisions explicitly require businesses to substantiate claims made to Canadian consumers relating to the benefits of the business, business activities, products and/or…
In Brief The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged “greenwashing” (misleading environmental or sustainability claims). The ACCC has been vocal that greenwashing is an enforcement priority for some time and, in December 2023, issued guidance for businesses in…
Both Member States and the European Union (‘EU’) have pledged their commitment to the United Nations 2030 Agenda for Sustainable Development (‘Agenda’) and its 17 Sustainable Development Goals (‘SDGs’). The Agenda represents a comprehensive common framework for sustainable development. The objective is to achieve a better and more sustainable future for all by eradicating poverty,…
Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply. These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…
The French competition authority, the Autorité de la Concurrence, has recently published a cartel decision (see here) which deals with a cartel of industry associations and their members with regard to product qualities and product information. The case is an important reminder to industry associations and companies of the boundaries between antitrust compliant lobbying and…
More than three years after it published the first draft guidelines on sustainability agreements, the Dutch Authority for Consumers and Markets (ACM) adopted a final policy rule titled ‘ACM’s oversight of sustainability agreements’ (Policy Rule). The Policy Rule aims at providing insight into how the ACM applies competition rules to sustainability agreements and how the…
The European Commission (“EC”) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to provide more guidance for competitors wishing to cooperate in areas such as R&D and production, but also in sustainability initiatives. What are the EU rules on horizontal…
The Commission has followed a Long and Winding carbon-free Road since only a few years ago when it seemed to favour the Status Quo and promoted a robust competitive process as the best way to guarantee sustainable outcomes for consumers. The final chapter on Sustainability Agreements in the EU Horizontal Guidelines clearly shows a Commission…
On 1 June 2023, the European Commission (‘Commission’) adopted the new Horizontal Guidelines (together with the new Horizontal Block Exemption Regulations), which contain a new dedicated chapter for the assessment of sustainability agreements. The new Horizontal Guidelines will enter into force following their publication in the Official Journal of the EU (while the new Horizontal…
