Sustainability

Australia, ESG, Sustainability

, , , , (K&L Gates)/ /Leave a comment

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…

Portugal, Sustainability

, (Morais Leitão)/ /Leave a comment

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,…

Art. 22, European Commission, Guidance, Innovation, Market definition, Merger control, Merger regulation, Merger Thresholds, Sustainability

(Norton Rose Fulbright, Belgium)/ /Leave a comment

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…

Antitrust, France, Sustainability, Trade associations

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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…

Anticompetitive agreements, Guidelines, Netherlands, Sustainability

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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…

Anticompetitive agreements, European Commission, Exemptions, Horizontal, Sustainability

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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…

Anticompetitive agreements, European Commission, Guidance, Guidelines, Horizontal, Sustainability

(Baker McKenzie)/ /Leave a comment

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…

Anticompetitive agreements, European Commission, Guidelines, Horizontal, Sustainability

(Wolf Theiss)/ /1 Comment

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…

Competition Law 2022, Competition policy, Competition proceedings, Guidelines, Market study, Netherlands, Sustainability

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The Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt, ‘ACM’) seems to have tuned down its antitrust enforcement activities in 2022; it did not impose a single fine for violation of the cartel prohibition or abuse of dominance but it upheld one fine in administrative appeal, i.e. the Samsung case. And of course,…

Anticompetitive agreements, Enforcement, European Union, Sustainability

(Norton Rose Fulbright, Belgium) and , (Norton Rose Fulbright)/ /1 Comment

On 10 January 2023, the European Commission (Commission) published Draft guidelines on the application of a new EU antitrust exemption for sustainability agreements involving producers of agricultural products (the Draft Guidelines).  Article 210a of Regulation (EU) 1308/2013 (CMO Regulation), which entered into effect in early 2022, exempts restrictions of competition in agreements that are indispensable…