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The ACM has been at the forefront among competition authorities in trying to find a workable approach to balancing competition policy and sustainability goals. Invited speakers : explore the various aspects of sustainability, from . (Yale) is a Fellow in Law at Robinson College and Lecturer in European and International Law at the Centre of International Studies at the University of Cambridge and Lead Counsel for Trade, Investment and Competition Law, and Researcher on Concerted Action on Trade and Environment (funded by the European Commission) at the Centre for International Sustainable . Moreover, the HCC proposed to establish a 'Common Advice Unit' formed by specialists from different . The action of competition authorities in this respect has two main dimensions. In a survey carried out at a recent competition law and sustainability webinar hosted by Pinsent Masons, the overwhelming majority of respondents stated that sustainability is - at least to some extent - important to their business. This resource was originally published on the website of . Merger control policies are evolving to take better account of these new strategic drivers. In the article, the team provides an overview of the . Calling for sustainability considerations in competition law enforcement is not a form of hipster antitrust. We recently saw many authorities quickly relaxing or "softening" their application of competition law where . The cookie is used by cdn services like CloudFare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. THE PROBLEM 2.1. helpfully put it at a conference in Brussels on competition law and sustainability in October 2019 ( the 'Brussels Sustainability Conference'),'every one of us-including competition enforcers-will be called on to make a contribution to that change'. However, this solves only the 'if' and 'why' of the question of whether competition law should con - sider such sustainability concerns. Competition authorities currently interpret consumer welfare, the fundamental touchstone of competition law, relatively narrowly when assessing whether or not sustainability initiatives are . 28 Pages Posted: 16 Jun 2020. While primarily focused on competition law and sustainability agreements, Annex 1 focuses on the need for sustainable development to be at the heart of state aid law and the need for further "green reform"3. Under the new chapter, sustainability agreements will avoid breaching EU competition law where they fall into one of the following categories: they do not raise competition concerns; 5 and refers to a capacity to sustain something (e.g. The current health crisis has shown that governments and competition authorities around the world have been willing and able to act in response to a crisis. A study of industry attitudes towards multi-stakeholder collaboration in the UK grocery sector. Thus . Together with our experts from the public and private sector we discover how sustainability effects European business actions and how competition law can help to foster sustainability. Date Written: March 22, 2020. The European Economic and Social Committee (EESC), the Committee of the Regions (CoR), the Global Competition Law Centre (GCLC) of the College of Europe, University College London (UCL), and the Fair Trade Advocacy Office (FTAO) co-organised the full-day conference 'Sustainability and Competition Policy: Bridging Two Worlds to Enable a Fairer . See all articles by Maurits Dolmans Maurits Dolmans. Scope and objectives. 22 June 2022. by Sina Bergmann and Jussi Koivusalo. 5 The four main policy areas of EU Competition Law include: -Article 101 (TFEU) - Cartels, or control of collusion and other anti-competitive practices -Article 102 (TFEU) - Market dominance, or preventing the abuse of firms' dominant market positions. The term sustainability is a frequently applied term in science and means a capacity to sustain . DG COMP aims to take a leading role on sustainability issues; its . Sustainability agreements must never be used as cover for a business cartel. Questions around the compatibility of competition laws with sustainability initiatives are not new or peculiar to Singapore. -Merger Regulation7- Mergers, control of proposed mergers, acquisitions and joint . The action of competition authorities in this respect has two main dimensions. Sustainable Competition Policy. A business . Maurits spoke on the panel, "Sustainable Competition Law," and provided an update on the status of Horizontal Guidelines, examples of recent decisions, and an analysis of coal plant withdrawal agreements. Climate change has become a crisis of current times affecting every country on every continent. Competition law is about consumer welfare. Overall, it was felt that there is very limited space to discuss even pre-competitive efforts to address low farm-gate prices. Dr. jur. On 27 January, the CMA published an information sheet to help businesses looking to work together on sustainability projects to navigate competition law. Topics include: What is meant by sustainability agreements? Sustainability and the revision of EU competition rules are among the hottest topics for 2021. By the same token, EU competition law needs to be ap - plied in accordance with other EU laws, principles, and objectives. Business cartels. It does so by stipulating that consumers are deemed to " also " participate in the benefits resulting from the agreement if the agreement " contributes significantly to an ecologically sustainable or . A February 4 conference on competition policy and the Green Deal sponsored by the European Commission's (the Commission's) Directorate-General for Competition (DG COMP) highlighted the divergences of opinions among antitrust officials and other stakeholders on how competition policy should support sustainability objectives. Competition enforcers and lawyers continue to debate how competition law should contribute to sustainable development goals. However, green competition law is a complex and relatively untested area. The Hungarian Watermelon case stands out, in the context of the GVH's enforcement practice since 2010, as the most criticized example of allegedly anticompetitive practices being granted exemption from the enforcement of competition rules through legislative intervention. The definition of 'sustainable Sustainability and competition law: EU and UK partial 'green' light. Competition and sustainability: Fostering green deals via merger control policy. Traditionally, however, horizontal . In a speech delivered in Bruges in October 2019, Competition Commissioner Vestager foresaw that sustainability goals could be pursued successfully under the watchful eye of competition law, with the revisited Horizontal Guidelines providing the ideal platform through which DG Competition can explain how that relationship can be fostered. As a result, competition law will occasionally have to make way for the preservation of the agricultural sector. This page contains all related materials. Abstract. Second, authorities should consider how to integrate sustainability objectives into the substantive analysis of competition procedures. Competition Law and Sustainable Growth: The Dutch Competition Authority consults on Guidelines that pave the way for more flexibility in the field 21 July 2020 Companies are under increasing . For example, how to give effect to Article 11 TFEU which mandates that "environmental protection requirements must be . Our findings point to fears of competition law having a 'chilling effect' on all collaborative sustainability initiatives aimed at increasing incomes for farmers and workers. Meanwhile the Nordic competition authorities issued a Joint Report on competition and the environment in 2010. a person, a system, a habit) for an indefinite period of time. First, authorities should provide guidance and legal certainty to companies regarding the assessment of sustainability initiatives. Cleary Gottlieb Steen & Hamilton LLP. Following the unhelpful precedents mentioned above, the Dutch Government issued a Policy Document in 2014 and introduced a new legislative proposal in 2019 to foster collaboration by removing the barrier of competition law. Competition Policy and Environmental Sustainability. Sustainability agreements. On 14 March, the European Economic and Social Committee's NAT and INT Sections, the Fair Trade Advocacy Office and the Global Competition Law Centre of the College of Europe organise an online conference to continue the debate on how joint sustainability initiatives can be competition law compliant.. Key changes include the following: Merger control: Second domestic turnover threshold for mergers requiring a notification in . 5 Yet the case does not stand alone in the EU. The importance of sustainability projects and . We expect the Competition and Markets Authority (CMA) to become more active on sustainability initiatives in 2021. 2. Notable global developments in sustainability and competition law. This online seminar is designed to provide you with the essential knowledge of competition law and its relation to the element of sustainability. China The relationship between competition law and agriculture is still in development. The European Commission has just published a revised set of draft guidelines on horizontal co-operation that reflect its latest thinking on this hotly contested issue. There is currently an ongoing international d iscussion on the interplay between competition law and environmental sustainability.Some of the issues discussed are: (a) whether efficiencies generated by sustainability agreements (for example in the form of reduced CO 2 emissions, increased biodiversity, reduced waste) can be taken into account if they benefit society as a whole . Next steps . And competition law does have a lot to do with climate change. Markus W. Gehring LL.M. With sustainability and climate change at the top of the political agenda, competition authorities in the EU and UK are increasingly recognising that competition law has a greater role to play in the transition to a low carbon economy. This is to assess whether they have been fully compensated. It aims to provide tools for a structured examination of competition law's perceived inability to assist in these matters. Sustainability and Competition Law (CMS) Learn about key regulatory developments and guidance at the intersection of competition law and sustainability in the European Union, the Netherlands, and the United Kingdom, in connection with calls for competition laws to support sustainability. The question is about appropriate metrics: what factors lead to the welfare of a consumer, which consumers' welfare should be considered, and over what time frame. Sustainability benefits as qualitative efficiencies: A co-operation is compatible with competition law if its anti-competitive effects are outweighed by the efficiency gains it creates. With COP 26 still fresh in the memories of lawmakers, and both the European Green Deal and UK Government's 'Net Zero Strategy' setting the goal of being climate-neutral by 2050, it is no surprise that competition law is having to examine its interaction with the . The revised competition law expressly acknowledges sustainability considerations as a potential justification for restrictive agreements. Lessons from the health crisis for the "crisis beyond the crisis". Second, authorities should consider how to integrate sustainability objectives into the substantive analysis of competition procedures. In December 2020, the OECD held a hearing on sustainability and competition, looking at the interaction between various aspects of sustainability and competition law enforcement, including climate change, environmental protection and sustainable production and consumption. Competition law must be part of the solution and not part of the problem. However, sustainability benefits are more likely to translate into a combination of some direct benefit to the individual . There have been a number of notable developments in other jurisdictions in addressing such issues, which may serve as useful points of references. While interpreting the inter-relationship between sustainability and competition law a more in-depth look at this concept of sustainability is needed. Particular focus was given to how 'competition policy can give weight to sustainability values'. The imbalance in bargaining power between farmers and purchasers has led . Dittmar & Indrenius. While the Australian Competition and Consumer Commission (ACCC) has considered sustainability related issues from time to time, it has not provided coherent . The faiths of sustainability in competition law. Nowadays, 'sustainability' and 'sustainable development' are often used interchangeably. Abstract. Our competition team has recently published an article in Practical Law on competition law and sustainability (see here for subscribers and here for a hardcopy of the article) covering the current state of play of sustainability in the context of competition law in several key jurisdictions. Other European authorities are also focusing on this area: the Hellenic Competition Commission (the HCC), published a working paper on competition law and sustainability on September 17, 2020 and the Bundeskartellamt convened a meeting of its Working Group on Competition Law to discuss the issue on October 5, 2020. the consumer who purchased the product). Particular focus was given to how 'competition policy can give weight to sustainability values'. A key challenge of these efforts has been how to apply the exemption criteria which permit agreements which do restrict competition law but offer countervailing benefits because . It shows that EU competition law has developed some tools that can be well be used to foster sustainability in a competition law context, and that these tools are often not EU specific. This article draws on the constitutional provisions of the EU treaties and remarks by leaders such as Commissioner Vestager to show how competition law need not stand in the way of urgent action and co-operation by the private sector to fight climate change. The European Commission has previously argued that . The Dutch competition watchdog, the Netherlands Authority for Consumers and Markets (ACM), has published draft guidelines on how competition law can promote sustainability. The KaWeRG 2021 implements the ECN+ Directive [2] and aims to adapt Austrian competition law to "modern economic life".[3]. 2. From 9 July to 1 October 2020 the Netherlands Authority for Consumers and Markets (ACM) conducted a public consultation on its draft guidelines on applying EU competition rules to agreements promoting sustainability (Draft Guidelines).Against a wide background of political initiatives and binding duties to address sustainability, the ACM is the first competition authority to propose guidelines . Cartels are the most serious form of anti-competitive behaviour between competitors. The Austrian Cartel and Competition Law Amendment Act 2021 ("KaWeRG 2021") finally entered into force on 10 September 2021.[1]. This roundtable discussion will address a debate newly active in antitrust circles on sustainability. the recent Germ an carmaker s case, where the E uropean. Modern-day companies are increasingly aiming to incorporate sustainability objectives in their business models and engage in sustainability-enhancing agreements. Using competition law to encourage sustainability. Cleary Gottlieb partner Maurits Dolmans was a panelist at The Competition Law 2022 conference, organized by Alma Media. Finland: Sustainability And Competition Law - From Words To Action. Climate Change is an existential threat. It is widely recognised that competition law has a role to play in addressing those challenges. In this webinar we highlight key developments in this quickly changing area of law and policy, as well as . Some 69% stated that sustainability was important, while 28% stated that it was "somewhat important". Competition law and policy can support other public policies and contribute to the achievement of their goals. International competition regulators are beginning to engage more explicitly with that question - articulating the interplay between competition law and sustainability initiatives. The HCC is planning to adopt sustainability guidelines, 82 to design the competition law sustainability sandbox, in view of the envisaged legislative change and the inclusion of a provision in its Competition Law regarding no action letters. The Commission has dedicated a separate chapter in the revised horizontal guidelines to analyze the conformity of sustainability agreements with EU competition law, thus underlining the increasing importance such agreements can play in achieving the European Green Deal objectives. This looks set to become an area of increasing interest as more and more businesses explore the opportunities presented by environmental and sustainability . help competition law accommodate the fight against climate change2. agreements that will generally fall outside of the European competition law altogether for this reason: measures to eliminate single-use plastics in business premises, not to exceed the temperature levels in buildings, or to limit the number of printed materials; the creation of databases containing information about sustainable suppliers . Some competition authorities are, encouragingly, increasingly giving greater weighting to sustainability factors when assessing the impact of measures on consumer welfare. Many businesses and entrepreneurs want to be part of the solution to this crisis. At one level, it is part . 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