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Antitrust Provisions Competition Environmental Social & Governance (ESG)

Jones Day

EU Commission Signs-off on ESG Related Competitor Collaboration

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The European Commission has issued its first-ever informal approvals of two separate sustainability initiatives among rivals under its revised Informal Guidance Notice and provided guidance on how the companies in question...more

A&O Shearman

Antitrust regulators diverge on treatment of sustainability

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In 2024, regulators across the globe increasingly acknowledged the need for a nuanced enforcement approach to balancing support for sustainability initiatives against traditional antitrust enforcement and countering the risk...more

Axinn, Veltrop & Harkrider LLP

Antitrust Enforcement in Energy M&A in the Trump Era — 4 Issues to Watch

As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more

Skadden, Arps, Slate, Meagher & Flom LLP

Trump 2.0 Antitrust Policy Is Likely To Be More Predictable but Not Lax

Key Points - Strong antitrust enforcement is expected to continue, but without the use of the novel and untested legal theories that defined the Biden administration approach. - Regulators are likely to continue to focus...more

BCLP

Personalities, Politics and Priorities - What’s New for M&A and EU Competition Law in 2025

BCLP on

It’s all change at the European Commission. Teresa Ribera has taken over the stewardship of DG COMP from Margrethe Vestager, alongside a wider brief including  environmental and social policy that could conflict with...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

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The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Hogan Lovells

Paving the green road: Dutch asphalt makers smooth the path for sustainability

Hogan Lovells on

The Dutch Authority for Consumers and Markets (ACM) approved a sustainability initiative by Bouwend Nederland promoting a shift from Hot Mix Asphalt (HMA) to the more eco-friendly Warm Mix Asphalt (WMA), emphasizing...more

Jones Day

Australia Publishes Draft Antitrust Guidance on Sustainability Collaborations

Jones Day on

The Development: Recently, the Australian Competition and Consumer Commission ("ACCC") published draft guidelines designed to assist businesses to understand how they can collaborate on sustainability initiatives without...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2024

Artificial intelligence is not just about chatbots. Increasingly, it is used by government for enforcement, and boards need to prepare for that, just as they need to get ready for upcoming climate disclosure requirements....more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

Mayer Brown on

The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights Special Edition: Women’s History Month

Celebrating Women’s History Month, we present a special edition of our quarterly Insights publication, highlighting the talent and insights of women at Skadden. The issue spotlights their authorship on such topics as the...more

K&L Gates LLP

Brussels Regulatory Brief: March 2024

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Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Developments; Litigation and Enforcement

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context With antitrust regulators focused on competition in labor markets, companies should revisit their noncompete agreements,...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Wilson Sonsini Goodrich & Rosati

Antitrust Laws and ESG Shareholder Engagement

I. Introduction - Shareholder activism to further environmental, social, and governance (ESG) goals faces intense antitrust scrutiny in the United States. Some members of Congress and state attorneys general claim these...more

A&O Shearman

Environmental sustainability agreements: final UK guidance to cooperating competitors

A&O Shearman on

The UK Competition and Markets Authority (CMA) has published its final Green Agreements Guidance on how UK antitrust rules apply to green cooperation agreements between competitors (UK Green Guidance). The UK Green Guidance...more

K&L Gates LLP

Brussels Regulatory Brief: June-July 2023

K&L Gates LLP on

ANTITRUST AND COMPETITION - The Court of Justice Overturns the General Court’s Judgment Annulling the European Commission’s Prohibition Decision in the Telecom Sector - On 13 July 2023, the European Court of Justice (ECJ) set...more

Cadwalader, Wickersham & Taft LLP

Antitrust Enforcement Mid-Year 2023 Review

The year 2023 is proving to be a milestone year for antitrust enforcement.  Less so for novel cases and investigations and more so for the generational changes being proposed by the enforcement authorities for merger...more

Jenner & Block

Client Alert: Antitrust and ESG—How to Stay Ahead of the Game

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On May 15, 2023, 22 state attorneys general sent a letter to several insurance companies warning that the companies’ Environmental, Social, and Governance (ESG) policies may violate the antitrust laws. Just six weeks earlier,...more

Wilson Sonsini Goodrich & Rosati

Sustainability Initiatives Get a Green Light in European Commission’s Revision of Rules on Collaboration Among Competitors

The EU’s rulebook on cooperation among competitors, which has been in place for over a decade, has recently undergone a revision with the European Commission (EC) adopting a new framework on June 1, 2023, that includes...more

Vinson & Elkins LLP

European Commission Adopts New Antitrust Guidelines for ESG Competitor Agreements

Vinson & Elkins LLP on

The European Commission (the “EC”) recently adopted new guidelines that outline the antitrust assessment of agreements between competitors related to environmental, social, and governance (“ESG”) initiatives, including...more

Cadwalader, Wickersham & Taft LLP

Republican AGs Target 53 Large Asset Managers' ESG Practices

On March 30, 2023, 21 Republican Attorneys General (AGs) wrote a letter addressed to over 50 U.S. asset managers citing “concerns about the ongoing agreements between asset managers to use Americans’ savings to push political...more

K&L Gates LLP

Brussels Regulatory Brief: February 2023

K&L Gates LLP on

Antitrust and Competition - Consultation on the European Commission’s Proposal for a Temporary Crisis and Transition Framework - On 1 February 2023, member states of the European Union received a consultation on a draft...more

Cadwalader, Wickersham & Taft LLP

United Kingdom Competition Authority Announces Support for Climate Change Agreements Among Competitors

In a recent speech to the Scottish Competition Forum, Sarah Cardell, newly installed Chief Executive of the UK’s Competition Markets Authority (CMA), laid out her vision for analyzing agreements among competitors that foster...more

Cadwalader, Wickersham & Taft LLP

ESG Risks of Antitrust Enforcement and Liability

Business enterprises are under pressure the world over to develop and adopt policies that promote social, environmental and governance (“ESG”) goals. ESG is a broad label, covering issues that include, among others,...more

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