Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in the Draft Guidelines is the proposal to take into account in the competition law assessment of environmental sustainability initiatives the benefits for society as a whole instead of only the user group buying the involved products. This will provide companies with more room to enter into sustainability agreements, particularly to achieve climate objectives such as carbon emissions reduction. Against the backdrop of the European Commission’s Green Deal policy and, for example, the Paris Climate Agreement
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The Dutch Competition Authority offers more leeway for environmental sustainability initiatives with competition law
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