The EU Commission consults on draft guidance on sustainability agreements

On 1 March 2022, the European Commission ("Commission") published its draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines, which include a new chapter on the assessment of sustainability agreements under competition law. The consultation is open until 26 April 2022. Key takeaways The draft Horizontal Guidelines include a new chapter on sustainability which provides guidance on the assessment of whether sustainability agreements give rise to competition concerns. It provides helpful additional guidance for industry but does not endorse the more flexible approach to sustainability agreements advocated by some national competition authorities (e.g. the Netherlands). Though cooperation in the area of sustainability may take many forms, the draft Horizontal

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Authors

  • Free University of Brussels (ULB)
  • Ashurst (Brussels)

Quotation

Denis Waelbroeck, Irene Antypas, The EU Commission consults on draft guidance on sustainability agreements, 1 March 2022, e-Competitions March 2022, Art. N° 106254

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