News & Analysis as of

Environmental Social & Governance (ESG) Competition Sustainability

Clark Hill PLC

French wine sustainability agreement approved: EU and U.S. antitrust considerations

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The European Commission (“Commission”) issued its first opinion regarding the compatibility of a sustainability agreement with competition rules for the agricultural sector on July 14. The Commission’s opinion is a milestone...more

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

A&O Shearman on

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

K&L Gates LLP

Retail Competition and Fair Trading, Cost of Living Measures, Unfair Contract Terms, Mergers: ACCC Releases Its 2025-26 Compliance...

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In Brief - Australian Competition and Consumer Commission (ACCC) Chair Gina Cass-Gottlieb has just announced the ACCC’s Compliance and Enforcement priorities for 2025-2026....more

Davies Ward Phillips & Vineberg LLP

Consultation on Proposed Guidelines on Environmental Claims and the Competition Act

While ensuring accurate environmental claims is a laudable goal, unclear standards risk deterring businesses from informing the public of their efforts to achieve environmental goals. Ultimately, if businesses are deterred...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

Hogan Lovells

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

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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

White & Case LLP

Navigating the New Era of Greenwashing Regulations in the Fashion Industry

White & Case LLP on

In recent years, sustainability and ESG compliance have become pivotal factors in consumer purchasing decisions. The luxury fashion industry, as a significant contributor to CO2 emissions, faces increasing scrutiny in this...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Seeks To Simplify ESG Reporting Obligations

A new initiative to consolidate various European Union environmental, social and governance (ESG) reporting obligations into a single regulation aims to simplify the regulatory landscape and enhance the EU’s competitiveness....more

Mayer Brown

CMA Guidance on Environmental Agreements

Mayer Brown on

KEY TAKEAWAYS - The CMA’s Green Agreements Guidance sets out its approach to applying competition law in relation to agreements between competitors that are aimed at reducing the adverse impact of economic activities on...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

K&L Gates LLP

Brussels Regulatory Brief: June 2024

K&L Gates LLP on

Antitrust and Competition - The European Commission to Take Action to Address Territorial Supply Constraints - On 24 May 2024, the EU Commissioner for Competition, Margrethe Vestager, announced that the European Commission...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

Stikeman Elliott LLP on

The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more

K&L Gates LLP

Brussels Regulatory Brief: April 2024

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Antitrust and Competition - European Commission Charges Company with Providing Incorrect, Incomplete, and Misleading Information During a Merger Control Proceeding - On 19 March 2024, the European Commission (Commission) sent...more

K&L Gates LLP

April 2024 ESG Policy Update—Australia

K&L Gates LLP on

Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...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

K&L Gates LLP on

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

A&O Shearman

Global business in a changing Europe - 2024

A&O Shearman on

With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to...more

K&L Gates LLP

Cost of Living, Sustainability and the Digital Economy: ACCC Releases its 2024-25 Compliance and Enforcement Priorities

K&L Gates LLP on

In Brief - The Australian Competition and Consumer Commission (ACCC) has released its compliance and enforcement priorities for 2024-25, with ACCC Chair Gina Cass-Gottlieb expanding on the Commission's key areas of focus in...more

A&O Shearman

Decarbonization can only be achieved by businesses working together. So is antitrust law a barrier?

A&O Shearman on

Collaboration within an industry can only go as far as competition law will permit. In practice, where the application of competition law is unclear, collaboration will often only go as far as is comfortable for the most...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust and Sustainability: EU, UK and US Take Divergent Enforcement Approaches

On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability...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

Skadden, Arps, Slate, Meagher & Flom LLP

ESG in 2023: A Mid-Year Review

As predicted in our February 1, 2023, client alert, “ESG in 2022 and Predictions for 2023,” a global economic slowdown and ongoing backlash in the U.S. have slowed the momentum of some aspects of the environmental, social and...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

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