It is clear that the CMA is taking a progressive approach that will influence the wider debate within the EU and around the world on how competition law should apply to cooperation for sustainable development.  The EU is also carefully examining the potential impact of trade agreements on climate change through sustainability assessments. Executive Vice-President Vestager recently indicated that it was possible to avoid breaking the rules – and, in fact, EC officials invited companies to discuss sustainable development projects with them. In order to facilitate as much as possible genuine sustainable development initiatives that could hinder competition, ACM includes the following four key points: Ultimately, companies active at the international level will seek to console themselves so that their cross-border sustainable development projects are not vulnerable to the challenges posed by the authorities in other jurisdictions, including at EU level. Nevertheless, it appears that companies, professional organisations and stakeholders have a clear dynamic to initiate (informal) discussions with CMAs to examine the permissible design of sustainable development initiatives, whether they have a strictly Dutch scope or are broader. A favourable opinion from ACM can help convince authorities in other jurisdictions. Sustainable development is in the news every day, as the world faces climate change, biodiversity loss, conflict and resource scarcity. Be the first to learn more about the latest search results, events and more. 3) Reducing the risk of fines – The guidelines provide additional comfort so that the CMA does not impose fines when an initiative results in competition law violations, (a) that companies have followed the guidelines in good faith and that their sustainable development initiative has been public, or (b) has submitted previous guidelines to ACM that have not yet identified a problem. This podcast asks questions about the sustainable development challenges facing our planet today, and then follows the experts to answer them. The legal division should be involved in the development and inclusion of the necessary environmental and social protection clauses. The specific language depends on the nature of the transaction and the potential environmental and social risks identified during the due diligence process, but it generally deals with the following areas: Modern EU trade agreements require the EU and its partners to respect and implement the fundamental conventions of the International Labour Organization: without BER or document on the EC`s implementation priorities in this area , the position becomes the following position: , that the EC incorporates into the revised guidelines – and if it decides to explicitly authorise cooperation in the field of sustainable development – an important measure of the seriousness of these issues in the context of its future implementation programme.
Traditionally, competition authorities have called for reduced competition to be offset only by sustainability gains that benefit users of the products concerned. Extending the scope of beneficiaries should make it easier for companies to demonstrate the necessary sustainability benefits. It will be interesting to see if this new approach is found to be compatible with competition law by the courts and the European Commission. Note that this relaxation of the ban does not apply to other sustainable development agreements (e.g. B animal welfare agreements) or environmental damage that has benefits that go beyond the exacting standards that are binding on the government. Many sustainable development agreements will be totally outside the rules of competition.