Sustainability & Competition policy

Foreword Sustainability & Competition policy: An overview of EU and national case law Free

As I write this the world is gathering in Glasgow, UK, for the most important international conference in recent years — COP 26. This comes at the end of a year in which 100s have died from floods in counties as far apart as Belgium and China, and others from Greece and Turkey to the west coast of North America have suffered record (and lethal) heat and wildfires. Neither this bulletin, nor this foreword, is about climate change as such but, before we dive into our technical competition law (or economics) bubble, it’s important to remind ourselves of the context in which we are looking at sustainability and competition policy – and retain some perspective. This is not just another interesting and technical aspect of competition law but something which has a bearing on the most important issue facing humanity — the existential threat that climate change poses.

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University of Oxford
United Kingdom 11 contributions 16834 visits

General antitrust

 The EU Commission adopts Communication on a competition policy fit for new challenges, including for the Single Market’s COVID-19 recovery, and for the green and digital transitions Free
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
Competition: Commission outlines contribution of competition policy and its review to green and digital transition, and to a resilient Single Market* The European Commission has adopted a Communication on a competition policy fit for new challenges, which frames the important role of (...)

The Hellenic Competition Authority initiates a public consultation process on the proposal to create a sandbox for sustainable development and competition in the national market
Hellenic Competition Commission (Athens)
Greece 105 contributions 14788 visits
Subject: Public Consultation: Proposal for the creation of a sandbox for sustainable development and competition in the Greek market* The Hellenic Competition Commission (EA) initiated on 12.07.2021 the public consultation process for the proposal to create a sandbox for sustainable (...)

The UK Competition Authority announces that it will propose a package of remedies to address the issues found during its study into the electric vehicle charging market
White & Case (Brussels)
Belgium 21 contributions 23743 visits
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White & Case (Brussels)
Belgium 31 contributions 11628 visits
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White & Case (London)
United Kingdom 1 contribution 284 visits
On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of remedies to address the issues found during the course of the (...)

The UK Competition Authority publishes draft guidance designed to help businesses understand and comply with their existing legal obligations under consumer protection law after its in-depth market investigation regarding environmental claims
Bird & Bird (London)
United Kingdom 19 contributions 3234 visits
Sustainability (or environmental) claims are increasingly part of the purchasing experience for consumers. Such claims can be made in the context of advertising, on product labels and within accompanying product information such as e-newsletters. Sustainability claims will typically state that (...)

The Italian Competition Authority issues its 2021 recommendations to the government
Luiss Guido Carli University (Rome)
Italy 27 contributions 5056 visits
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Bird & Bird (Rome)
Italy 19 contributions 3812 visits
Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to areas in (...)

The Italian Competition Authority proposes an extensive competition law reform
Van Bael & Bellis (Brussels)
Belgium 20 contributions 3281 visits
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Hogan Lovells (Brussels)
Belgium 36 contributions 5935 visits
On 23 March 2021, the Italian Competition Authority (“ICA”) submitted to the Italian Government a set of proposals to modify the Italian Competition Act (the “Proposal”). The Proposal concerns a wide range of areas, including the digital sector, certain network industries (e.g., port services and (...)

The EU Commission holds a conference following its consultation on competition policy contributing to the European Green Deal
Hausfeld (Amsterdam)
Netherlands 3 contributions 861 visits
‘I like the dreams of the future better than the history of the past’ Introduction Climate change is one of the main challenges of our time. In addressing this issue there are a variety of potential solutions and instruments. At the European Union (the “EU”) level the European Green Deal aims to (...)

The EU Commission discusses the topic of competition policy contributing to the European Green Deal
Herbert Smith Freehills (Brussels)
Belgique 106 contributions 67314 visites
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Simmons & Simmons (London)
United Kingdom 13 contributions 3017 visits
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Herbert Smith Freehills (Brussels)
Belgium 5 contributions 3536 visits
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On 4 February 2021, the European Commission’s long-awaited Conference on Competition Policy Contributing to the European Green Deal took place. The conference was opened by Commission Executive Vice President and Commissioner in charge of competition policy, Margrethe Vestager. The European (...)

The UK Competition Authority publishes guidance on environmental sustainability agreements and competition law
Simmons & Simmons (London)
United Kingdom 13 contributions 3017 visits
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Herbert Smith Freehills (London)
Royaume-Uni 10 contributions 3062 visites
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Herbert Smith Freehills (London)
Royaume-Uni 54 contributions 19343 visites
On 27 January 2021 the CMA published high level Guidance on environmental sustainability agreements and competition law (Guidance). Supporting the transition to a low carbon economy is one of the CMA’s strategic objectives (set out in its annual plan for 2021/22) and the CMA is keen to ensure (...)

The German Competition Authority publishes an energy monitoring report for 2020
German Competition Authority (Bonn)
Allemagne 427 contributions 107962 visites
Energy Monitoring Report 2020 published by the Bundesnetzagentur and the Bundeskartellamt* The Bundeskartellamt and the Bundesnetzagentur have today published the Monitoring Report 2020 on developments in the German electricity and gas markets. "There has been more progress in the switch from (...)

The Dutch Competition Authority confirms more leeway for environmental sustainability initiatives following its revised guidelines
KPN (Amsterdam)
Netherlands 33 contributions 6826 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 3979 visits
On 26 January 2021 the Dutch competition authority (ACM) published its revised draft sustainability guidelines (revised draft guidelines) which set out its approach to assessing the compatibility of sustainability initiatives with competition law. In addition, the ACM also published, in (...)

The Spanish Competition Authority takes part in the EU Commission’s public consultation on competition policy and environmental sustainability targets
Spanish Competition Authority (CNMC) (Madrid)
Espagne 120 contributions 26951 visites
The CNMC takes part in the European Commission’s public consultation on competition policy and environmental sustainability targets* The CNMC includes the Sustainable Development Goals (SDGs) as one of its key areas of activity. Competition policy contributes to the SDGs by stimulating (...)

The OECD holds a roundtable on sustainability and competition
OECD - Competition Division (Paris)
France 310 contributions 1254052 visits
Public and private entities across the globe are called to strengthen their commitment to the UN Sustainable Development Goals, which include, among others, tackling poverty and inequality, promoting sustainable agriculture, supporting affordable and clean energy, promoting responsible (...)

The EU Commission publishes a call for contributions to determine if and how competition policy can better support the European Green Deal
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 38 contributions 34087 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 10 contributions 3791 visits
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Macfarlanes (Brussels)
Belgium 15 contributions 15752 visits
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On October 13, 2020, the European Commission published a call for contributions to determine if and how EU competition policy can better support the European Green Deal. The European Green Deal is a comprehensive action plan aimed at making Europe the world’s first climate neutral continent by (...)

The EU Commission calls for contributions to gather ideas on how competition rules and sustainability policies can best work together
Latham & Watkins (Brussels)
Belgium 5 contributions 872 visits
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Latham & Watkins (Brussels)
Belgium 4 contributions 2598 visits
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Latham & Watkins (Brussels)
Belgium 10 contributions 12527 visits
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The European Green Deal & Competition Policy – Call for contributions on how EU competition rules and sustainability policies can work together* On 13 October 2020, the European Commission (EC) published a call for contributions to gather ideas on how EU competition rules (State aid, (...)

The EU Commission, alongside the Dutch Competition Authority, consults on competition policy regarding sustainability
Norton Rose Fulbright (Brussels)
Belgium 31 contributions 13506 visits
Sustainability and antitrust – EU and Dutch consultations* Ensuring that global economic development is sustainable in light of climate change and other challenges is key to the European Union’s (the EU’s) Green Deal as well as EU Member State policies. Europe is taking the lead in this debate, (...)

The EU Commission calls for contributions regarding the relationship between competition and sustainability policies
Hogan Lovells (Munich)
Germany 30 contributions 23116 visits
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Hogan Lovells (Berlin)
Germany 1 contribution 251 visits
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Hogan Lovells (Dusseldorf)
Germany 10 contributions 3574 visits
With the announcement of the European Green Deal at the latest, the issue of sustainability and environmental protection has been pushed high up the agenda of competition law practitioners and scholars. With the recently published background paper of the German Working Group on Competition Law (...)

The EU Commission calls for contributions on the fundamental question of how competition rules and sustainability policies interact with each other, and what can be done better
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 53 contributions 22770 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 29438 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 34 contributions 11138 visits
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Sustainability issues are increasingly high on the list of competition policy priorities both at the European Union and member state levels. The European Commission (EC) and national competition authorities are actively rethinking how competition policy can better support the transition to (...)

The EU Commission reflects on how to prevent competition rules standing in the way of sustainability initiatives
Bird & Bird (The Hague)
Netherlands 34 contributions 8007 visits
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KPN (Amsterdam)
Netherlands 33 contributions 6826 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 3422 visits
Main points discussed in this article: Sustainability is one of the highest priorities of our times. Sustainability goals can only be achieved on time when companies will have more leeway to cooperate. Competition rules sometimes appear to present a barrier for much needed cooperation and (...)

The Dutch Competition Authority draws up rules of thumb for sustainability claims by companies about their products and services
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 198 contributions 32458 visites
ACM draws up rules of thumb for sustainability claims* The Netherlands Authority for Consumers and Markets (ACM) has drawn up rules of thumb for sustainability claims that businesses use when selling their products and services. With these rules of thumb, ACM believes that businesses will (...)

The Hellenic Competition Authority launches a dialogue concerning sustainable development in the context of effective competition
Hellenic Competition Commission (Athens)
Greece 105 contributions 14788 visits
Subject: HCC initiatives in relation to sustainable development in the context of effective competition* At a time when the phenomenon of climate change becomes more acute, the need to accelerate the transformation of the Greek economy becomes urgent, through the adoption of environmentally (...)

The Dutch Competition Authority offers more leeway for environmental sustainability initiatives with competition law
KPN (Amsterdam)
Netherlands 33 contributions 6826 visits
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Bird & Bird (The Hague)
Netherlands 11 contributions 4721 visits
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 (...)

The UK Competition Authority issues its annual plan for 2020/2021 which aims to give clarity to the Competition Authority’s objectives for the next year and clarifies its position during the social and economic turmoil caused by the COVID-19 outbreak Free
Jones Day (London)
United Kingdom 11 contributions 2194 visits
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Hogan Lovells (London)
United Kingdom 18 contributions 11338 visits
The UK Competition and Markets Authority ("CMA") recently issued its Annual Plan for 2020/2021, which aims to give clarity to the CMA’s objectives for the next year. The report acknowledges that its publication comes out at a time of massive social and economic turmoil caused by the COVID-19 (...)

Anticompetitive practices

 The Dutch Competition Authority imposes fines totalling almost €4 million on two major national collectors of used cooking oil for making price-fixing purchase agreements (Rotie / Nieuwcom)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 198 contributions 32458 visites
ACM imposes fines for price-fixing agreements involving the purchase of used cooking oil* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost four million euros, on two major collectors of used cooking oil, for making cartel agreements regarding the (...)

The Australian Competition Authority announces that criminal cartel charges have been withdrawn against the national construction, forestry, maritime, mining, and energy union due to a lapse of time and resulting difficulty to secure reliable witness testimonies (CDPP / CFMMEU)
Australian Competition and Consumer Commission (Canberra)
Australie 358 contributions 75983 visites
Criminal cartel charges against CFMMEU and Jason O’Mara withdrawn* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn criminal cartel charges against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its ACT Divisional Branch Secretary Mr Jason (...)

The Latvian Competition Authority sanctions a local municipality for abusing its dominant position in the organization of waste management (Jelgava Municipality)
Latvian Competition Council (Riga)
Latvia 116 contributions 22292 visits
The CC punishes Jelgava’s Municipality for the abuse of a dominant position in the organization of waste management* On July 22, the Competition Council (CC) decided to punish Jelgava’s Municipality for abuse of a dominant position related to the municipality’s actions, unreasonably and (...)

The EU Commission finds that three German car manufacturers colluded by deliberately limiting competition on innovation in greener technologies for diesel vehicles (BMW / Daimler / VW)
Giannino SI (Monserrato)
Italy 154 contributions 129892 visits
By the cartel settlement decision recently rendered in Car Emissions, the European Commission (EC) found that three German car manufacturers colluded in the market for the reduction of emission of diesel cars during the period from June 2009 until October 2014. What is noteworthy in Car (...)

The Latvian Competition Authority fines two reclamation companies for bid-rigging in procurement of renovation projects of water drains with national importance (Valkas meliorācija / Agromeliorators)
Latvian Competition Council (Riga)
Latvia 116 contributions 22292 visits
The CC repeatedly detects bid-rigging in the reclamation sector* On 11 March, the Competition Council of Latvia (hereinafter – the CC) adopted a decision to impose a fine on two reclamation companies – SIA “Valkas meliorācija” and SIA “Agromeliorators” – for coordinated submission of tenders in (...)

The UK Competition Authority publishes guidance for businesses on how to participate in sustainability agreements without breaching competition law
Ashurst (London)
Royaume-Uni 13 contributions 2208 visites
The UK’s Competition and Markets Authority (CMA) has published guidance for businesses to help them understand how to avoid participation in sustainability agreements raising competition law issues that can have serious consequences for those businesses. Recognising that many sustainability (...)

The UK Competition Authority launches a market inquiry into the electric vehicle charging sector
Simmons & Simmons (London)
United Kingdom 13 contributions 3017 visits
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Herbert Smith Freehills (Brussels)
Belgique 106 contributions 67314 visites
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Herbert Smith Freehills (Düsseldorf)
Allemagne 20 contributions 5248 visites
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The CMA has today (2 December 2020) launched a market study into the electric vehicle charging sector in the UK. The study will consider two broad themes: how to develop a competitive sector while also attracting private investment to help the sector grow; how to ensure people using electric (...)

The UK Competition Authority starts an inquiry into the electric vehicle charging sector
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 351 contributions 88365 visites
CMA to examine electric vehicle charging sector* The CMA is launching a market study into electric vehicle charging, to make sure that this new and fast-growing sector works well for UK drivers. Traditional cars are a major source of greenhouse gas emissions and as part of its “green (...)

The Italian Competition Authority launches an investigation in the battery lead recovery sector
Italian Competition Authority (Rome)
Italy 60 contributions 15708 visits
I838 - Antitrust: investigation launched into an anti-competitive arrangement in the battery lead recovery sector* On 3 December 2019, the Italian Competition Authority opened an investigation against COBAT RIPA, COBAT, Fiamm Energy Technology S.p.A., Clarios Italia S.r.l., Eco-bat S.r.l., (...)

The Indian Competition Authority fines companies for bid-rigging in a tender for a tree census provider (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Trilegal (Mumbai)
India 8 contributions 6232 visits
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Trilegal (Bangalore)
India 5 contributions 3597 visits
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Trilegal (Mumbai)
India 8 contributions 6232 visits
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The EU Commission sends statements of objections to 3 car manufacturers for restricting competition on emission cleaning technology (BMW / Daimler / VW)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
Antitrust: Commission sends Statement of Objections to BMW, Daimler and VW for restricting competition on emission cleaning technology* The European Commission has informed BMW, Daimler and VW (Volkswagen, Audi, Porsche) of its preliminary view that they have breached EU antitrust rules from (...)

The Jerusalem District Court sentences to imprisonment a member of a tree-pruning cartel following a joint investigation of the Israeli Competition Authority and the National Fraud Investigations Unit (Zohar Katz)
Israel Competition Authority (Jerusalem)
Israel 15 contributions 1834 visits
The Jerusalem District Court sentenced a member of the tree-pruning cartel to 11 months’ imprisonment* The Jerusalem District Court (Judge A. Rubin) sentenced today (Wed.) the defendant Zohar Katz to 11 months’ imprisonment, a fine of NIS 100,000 and forfeiture of an additional sum of NIS (...)

The Romanian Competition Authority fines 3 companies on the wood market for bid-rigging (Forestar / Nico Paul / Saniral)
Romanian Competition Council (Bucharest)
Roumanie 128 contributions 23476 visites
The Competition Council sanctioned three companies on wood market for rigging the bid* The Competition Council sanctioned three companies with fines totalling lei 2,315,077 (about 497,866 Euro) for rigging the bid conducted by Romsilva through the Neamt Forestry Department for the exploitation (...)

Unilateral Practices

 The Italian Competition Authority fines a Big Tech company and imposes behavioral remedies for conduct deemed to constitute an abuse of a dominant position (Google / Enel X)
Ashurst (Brussels)
Belgium 11 contributions 5993 visits
On 13 May 2021 the Italian Competition Authority ("ICA") published a decision fining and imposing behavioural remedies on Google for conduct deemed to constitute an abuse of a dominant position, by preventing Enel X from developing an app compatible with the Android Auto feature. Key (...)

The Austrian Supreme Court confirms that long-term contracts for the import of Russian natural gas into Austria did not constitute an abuse of market power through discrimination
Schoenherr (Vienna)
Australia 1 contribution 182 visits
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Schoenherr (Vienna)
Australia 1 contribution 182 visits
On 25 January 2021, the Supreme Court issued a decision on long-term contracts for the import of Russian natural gas into Austria (16 Ok 3/20g). The contracts had been concluded in 2006 for the supply of unstructured natural gas. All of the contracts expired on 31 December 2027. At the time of (...)

The Italian Competition Authority fines a consortium for the collection, recycling, and recovery of plastic packaging for abusing its dominant position in the national market for the management of plastic waste services (Corepla)
Ashurst (Brussels)
Belgium 45 contributions 45298 visits
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Ashurst (Brussels)
Belgium 11 contributions 5993 visits
On 27 October 2020 the Italian Competition Authority ("AGCM") issued a EUR 27 million fine to the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (COREPLA) for abusing its dominant position in the Italian market for management of plastic waste services. WHAT (...)

The Italian Competition Authority condemns a plastic supply chain consortium for abuse in the plastic-waste recycling sector (Corepla)
Van Bael & Bellis (Brussels)
Belgium 20 contributions 3281 visits
On 27 October 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 27.4 million on COREPLA (the “Consortium for the collection, recycling and recovery of plastic packaging waste”) for abusing its dominant position on the national market for services for PET packaging producers (...)

The Cypriot Competition Authority issues a decision imposing a fine of €33K on a local authority for excessively pricing its water supply services for livestock productions (Community Council of Kokkinotrimithia)
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1516 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2141 visits
Introduction On 14 October 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €33,843.81 on the Community Council of Kokkinotrimithia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (...)

The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (NEK)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 16 contributions 1968 visites
The Commission for Protection of Competition imposed to the National Electricity Company EAD pecuniary sanctions in a total amount of 315 612 BGN for infringements of Art. 21, p. 1 of the LPC. NEK abused its dominant position on the market of balancing of electricity producers from renewable (...)

The Bulgarian Competition Authority imposes a fine on a national electricity company for abuse of dominance in the market of balancing energy of renewables (NEK)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4010 visits
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Tsvetkova Bebov Komarevski (Sofia)
4 contributions 858 visits
The Bulgarian National Electricity Company sanctioned for abuse of dominance on the market of balancing energy of renewables* The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance (...)

The Belgian Competition Authority refuses to impose an interim measure on a meteorological institute accused of abuse of dominance in the market for meteorological data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
Belgique 89 contributions 20586 visites
The Competition College of the BCA has refused to impose an interim measure on the Royal Meteorological Institute as requested by The Great Circle* The Competition College of the Belgian Competition Authority (BCA) has refused on 15 February 2019 to impose an interim measure on the Belgian (...)

The Swedish Patent and Market Court upholds the Competition Authority’s decision requiring a recycling station operator to extend an agreement with its competitor (FTI)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64616 visits
On 21 January 2019, the Swedish Patent and Market Court (the “Court”) upheld a decision of the Swedish Competition Authority (“SCA”) that required an operator of recycling stations for household waste to extend an agreement with its competitor. The Swedish Packaging and Newspapers Collection (...)

Mergers

 The Dutch Competition Authority clears the acquisition of 3 transport companies specialized in the handling of flowers and plants by a national cooperative of floriculture growers (Royal FloraHolland / Floriway)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 198 contributions 32458 visites
ACM clears acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of three transport companies specialized in the handling of flowers and plants by Royal Flora (...)

The French Competition Authority clears a merger between two waste management companies subject to conditions (Veolia / Suez)
Autorité de la concurrence (Paris)
France 717 contributions 369635 visites
The Autorité de la concurrence clears, subject to the divestment of assets in Île-de-France, the takeover of Suez RV OSIS by SARP, a subsidiary of Veolia* On 5 February 2021, the European Commission referred to the Autorité de la concurrence the examination of the takeover by SARP, a subsidiary (...)

The US DoJ requires a waste management company to divest its assets in five states to proceed with the acquisition of its competitor (Republic / Santek)
US Department of Justice (Washington)
États-Unis 153 contributions 63492 visites
Justice Department Requires Republic Services to Divest Assets to Proceed with Santek Acquisition* Divestiture Will Preserve Competition in Markets for Small Container Commercial Waste Collection and Municipal Solid Waste Disposal in Six Local Markets in Five States The Department of Justice (...)

The Dutch Competition Authority investigates the acquisition of 3 product transport companies by a national cooperative of floriculture growers (Royal FloraHolland / Floriway)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 198 contributions 32458 visites
Further investigation needed into acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* Royal FloraHolland (RFH), a Dutch cooperative of floriculture growers, wishes to acquire three transport companies specialized in the handling of flowers and (...)

The EU Commission unconditionally clears a fuel-cell joint venture aiming to achieve climate-neutral and sustainable transportation (Volvo / Daimler)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 22 contributions 51402 visits
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Columbia Law School
United States 1 contribution 1027 visits
Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”), notified a joint venture (“JV”) in the relatively novel but rapidly evolving hydrogen fuel-cell sector to the European Commission (“EC”, the “Commission”) . The JV cellcentric GmbH & Co. KG, based in Germany, will be active in the development, (...)

The EU Commission rejects gun jumping claims in a merger transaction between two companies in the water and waste management market (Veolia / Suez)
White & Case (Brussels)
Belgique 24 contributions 15144 visites
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White & Case (Paris)
France 8 contributions 3014 visits
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White & Case (Düsseldorf)
Germany 28 contributions 12280 visits
In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez’s gun jumping claim and provides further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public bid. (...)

The Irish Competition Authority carries out a phase 2 investigation of an energy corporation and state-owned forest company’s joint venture (ESB / Coillte)
Irish Competition Authority (Dublin)
Irlande 89 contributions 14358 visites
CCPC to carry out a Phase 2 investigation of ESB and Coillte joint venture* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed joint venture between the Electricity Supply Board (ESB) and Coillte Cuideachta (...)

State Aid

 The EFTA Surveillance Authority approves Norwegian aid for zero-emission hydrogen vessels (Topeka)
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
ESA greenlights Norwegian aid for zero-emission hydrogen vessels Illustration / Topeka* The EFTA Surveillance Authority (ESA) has today approved NOK 219 million (EUR 21.73m) in Norwegian state aid for the purchase of two zero-emission hydrogen vessels being developed under the Topeka Nattruten (...)

The EU Commission adopts revised State aid rules on important projects of common European interest
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission adopts revised State aid rules on Important Projects of Common European Interest* The European Commission has adopted a revised Communication on State aid rules for Important Projects of Common European Interest (‘IPCEI Communication’). The revised IPCEI Communication will (...)

The EU Commission approves a €2.27B Greek aid scheme to support electricity production from renewable energy sources and high-efficiency combined heat and power
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €2.27 billion Greek aid scheme to support electricity production from renewable energy sources and high efficiency combined heat and power* The European Commission has approved, under EU State aid rules, a €2.27 billion Greek scheme for the production of (...)

The EU Commission approves 2022-2027 regional aid map for Estonia
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves 2022-2027 regional aid map for Estonia* The European Commission has approved under EU State aid rules Estonia’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (‘RAG’). The revised (...)

The EU Commission invites comments on draft amendments to the General Block Exemption Regulation to further facilitate implementation of aid measures promoting the green and digital transition
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission invites comments on draft proposal to further facilitate implementation of aid measures promoting the green and digital transition* The European Commission is inviting Member States and all other interested parties to comment on certain proposed amendments to the General (...)

The EU Commission approves a Belgian capacity mechanism in the electricity market under EU State aid rules
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10301 visits
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Van Bael & Bellis (Brussels)
Belgium 141 contributions 49076 visits
On 27 August 2021, the European Commission (the Commission) approved under EU State aid rules Belgium’s capacity mechanism (CM), which aims to ensure the security of electricity supply following Belgium’s decision to phase out all nuclear capacity by 2025. The approval follows the opening of an (...)

The EU Commission approves a €30.5 billion French scheme to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €30.5 billion French scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a French aid scheme to support renewable electricity production. The measure will help France achieve (...)

The EU Commission invites interested parties to provide comments on a proposed draft for climate, energy, and environmental State aid guidelines
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission invites interested parties to provide comments on proposed draft Climate, Energy and Environmental State aid Guidelines* The European Commission has launched today a targeted public consultation inviting all interested parties to comment on the proposed revision of the (...)

The EU Commission approves a Danish aid scheme worth €400M to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €400 million Danish aid scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Danish aid scheme to support electricity production from renewable sources. The measure will help (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
ESA approves Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions* The EFTA Surveillance Authority (ESA) has today approved a Norwegian aid scheme to support private sector investments in own-use alternative fuels infrastructure. The measure, which is (...)

The EU Commission approves the prolongation and modification of a German scheme to support electricity production from renewable energy sources
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves prolongation and modification of German scheme to support electricity production from renewable energy sources* The European Commission has approved, under EU State aid rules, the prolongation and modification of a German scheme to support the production of (...)

The EU Commission approves Danish support for an offshore wind farm under EU State aid rules
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves Danish support for Thor offshore wind farm project* The European Commission has approved, under EU State aid rules, Danish support for the Thor offshore wind farm project, which will be located in the Danish part of the North Sea. The measure will help Denmark (...)

The EU Commission approves a €750B stimulus plan aimed at creating a “greener, more digital and more resilient” Europe
Bird & Bird (Brussels)
Belgium 42 contributions 11584 visits
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Bird & Bird (Brussels)
Belgium 4 contributions 894 visits
On 12 February 2021, the European Commission approved Regulation (EU) 2021/241, establishing the Recovery and Resilience Facility (“RRF”), the key component of the recovery instrument NextGenerationEU. This is the most ambitious economic stimulus plan in the history of the European Union, with (...)

The EFTA Surveillance Authority reports on the increased State aid spending on research, development, and innovation in Iceland, Liechtenstein, and Norway
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
Annual Scoreboard: Iceland, Liechtenstein and Norway increase state aid spending on research, development and innovation* The EEA EFTA States have increased their combined spending on state aid, according to the EFTA Surveillance Authority’s (ESA) latest annual State Aid Scoreboard. The (...)

The EU Commission issues its State aid guidance on national recovery and resilience plans and makes it clear that all investment projects must comply with State aid rules Free
Jones Day (Brussels)
Belgium 16 contributions 8330 visits
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Jones Day (Paris)
France 28 contributions 24524 visites
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Jones Day (Madrid)
Spain 6 contributions 1751 visits
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In Short The Situation: The European Commission has launched its largest ever stimulus package to support recovery of EU economies from the COVID-19 pandemic’s unprecedented economic and social disruption. Each EU Member State must submit a recovery plan and funding requests for Commission (...)

The EFTA Surveillance Authority approves aid to a Norwegian metals company to develop green technology for zinc production (Boliden Odda)
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
ESA approves aid to Boliden Odda to develop green technology for zinc production* The EFTA Surveillance Authority (ESA) has today approved environmental aid to facilitate a project to develop more environmentally friendly and energy efficient processes and technologies for the production of (...)

The EU Commission approves a €30 billion Dutch scheme to support projects reducing greenhouse gas emissions
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €30 billion Dutch scheme to support projects reducing greenhouse gas emissions* The European Commission has approved, under EU State aid rules, a €30 billion Dutch scheme to support projects to reduce greenhouse gas emissions in the Netherlands. The scheme (...)

The EU Commission allows Member States to grant more State aid to boost green projects
Zepos & Yannopoulos (Athens)
Greece 34 contributions 3258 visits
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Linklaters (London)
United Kingdom 34 contributions 2834 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2211 visits
On 22 September 2020, EU Competition Commissioner Margrethe Vestager said that EU governments may be allowed to grant more State aid to projects that help the bloc achieve its climate goals, calling such an incentive a “green bonus”. In contrast, polluting factories or power plants may be (...)

The EFTA Surveillance Authority approves the prolongation of Norway’s financing for the flagship carbon capture testing facility (Technology Centre Mongstad)
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
State Aid: ESA approves financing prolongation for Mongstad CCS Project* The EFTA Surveillance Authority (ESA) has today approved a prolongation of Norway’s financing for the flagship carbon capture testing facility established in Mongstad (the TCM). The TCM will receive financing for a further (...)

The EU Commission approves a scheme to support electricity production from renewable sources in Ireland
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves support for production of electricity from renewable sources in Ireland* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Ireland. The measure will contribute to the EU (...)

The EFTA Surveillance Authority approves the largest single State aid award it has ever approved by allowing the Norwegian Carbon Capture and Storage project
EFTA Surveillance Authority (Brussels)
Belgique 129 contributions 26242 visites
ESA approves Norwegian Full-Scale Carbon Capture and Storage: up to €2.1bn in aid to meet climate goals* The CCS Full-Scale project is a central part of Norway’s efforts to reduce its carbon footprint and meet the European goal of climate-neutrality by 2050. It is the largest single state aid (...)

The EU Commission starts a process to revise Guidelines on State aid for environmental protection and energy
Baker Botts (Brussels)
Belgium 25 contributions 18106 visits
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University of Tilburg
Belgium 14 contributions 12381 visits
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Baker Botts (Brussels)
Belgium 7 contributions 9514 visits
The European Commission (Commission) recently announced a further step towards its forthcoming review of the State Aid Guidelines for Environmental Protection and Energy (EEAG). These guidelines, that were first adopted in 2014, are a major tool for the Commission to manage how its 27 Member (...)

The EU Commission approves a €50 million Italian subsidized loans scheme to support agriculture, forestry, and fishery sectors affected by the COVID-19 pandemic in the Friuli Venezia Giulia region Free
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €50 million Italian subsidised loans scheme to support agriculture, forestry and fishery sectors affected by coronavirus outbreak in Friuli Venezia Giulia region* The European Commission has approved a €50 million Italian scheme to support the agricultural, (...)

The EU Commission approves a €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery, and aquaculture sectors affected by the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery and aquaculture sectors affected by the coronavirus outbreak* The European Commission has approved a €100 million Italian State aid scheme to support small and medium-sized (...)

The EU Commission opens public consultations on the prolongation of EU State aid regulations and guidelines for agriculture, forestry, rural areas, fishery, and aquaculture
European Commission
Belgium 45 contributions 20131 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27175 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20108 visits
The Commission has opened two public consultations to receive contributions from interested parties on whether to prolong (i) the guidelines for State aid in the agricultural and forestry sectors and in rural areas and (ii) the block exemption regulations for the aforementioned and for fishery (...)

The EU Commission launches a public consultation on the revised State aid Guidelines in the context of the amended Emissions Trading Scheme
European Commission
Belgium 45 contributions 20131 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27175 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20108 visits
The Commission has launched a public consultation seeking interested parties’ views on the draft new ETS Guidelines before their adoption in the course of 2020, which will apply as of 2021. The objective of these guidelines is the reduction of exposure to the risk of carbon leakage, which (...)

The EU Commission approves under State aid rules public support of over €22 million to upgrade the traffic management equipment on freight locomotives in the Netherlands
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves over €22 million of public support to promote rail transport operability in the Netherlands* The European Commission has approved, under EU State aid rules, €22.2 million of public support to upgradetraffic management equipment on freight locomotives in the (...)

The EU General Court upholds the Commission’s assessment that the Czech renewable energy support scheme involved State resources (FVE Holýšov I)
Baker Botts (Brussels)
Belgium 15 contributions 5071 visits
In a judgment of 20 September 2019, the EU General Court (the “General Court”) upheld a 2016 decision of the European Commission (the “Commission”) finding that a EUR 31 billion Czech support scheme in favour of renewable energy sources (“RES”) should be classified as State aid. The judgment (...)

The EU Commission approves French support for six offshore wind farms under State aid rules
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves support for six offshore wind farms in France* The European Commission has found support to six large offshore wind farms in French territorial waters to be in line with EU State aid rules. The measures will help France reduce CO2 emissions, in line with EU (...)

The EU Commission approves under State aid rules a €431 million public support for cleaner transport in German cities
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €431 million public support for cleaner transport in German cities* The European Commission has found German plans to support the retrofitting of municipal and commercial diesel vehicles to be in line with EU State aid rules. The measure should contribute to (...)

The EU Commission approves under State aid rules a €5.4 billion support scheme for the production of electricity from renewable sources in Italy
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €5.4 billion support for production of electricity from renewable sources in Italy* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Italy. The measure will contribute to the EU (...)

The EU Commission approves under State aid rules a €385 million support scheme for the production of electricity from renewable sources in Lithuania
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves €385 million support for production of electricity from renewable sources in Lithuania* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable energy sources in Lithuania. The measure, open to all (...)

The EU Commission approves under State aid rules support for 4 floating demonstration offshore wind farms in France
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission approves support for four floating demonstration offshore wind farms in France* The European Commission has found four French projects promoting electricity generation from renewable wind energy sources to be in line with EU State aid rules. The measures will further (...)

The EU Commission launches two public consultations on the revision of the Emissions Trading Scheme State aid Guidelines
Van Bael & Bellis (Brussels)
Belgium 151 contributions 32404 visits
On 13 February 2019, the European Commission launched two public consultations on the revision of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012, as amended. The Guidelines date from 2012 and will expire on 31 (...)

The EU Commission launches an evaluation of several sets of State aid rules that expire in 2020 and plans to extend them for two more years
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2610445 visites
State aid: Commission to prolong EU State aid rules and launch evaluation* The European Commission plans to prolong for two years seven sets of State aid rules, otherwise expiring in 2020. The Commission has also launched today an evaluation of those rules and of other State aid rules to (...)

Procedures

 The EU Court of Justice dismisses an appeal requesting to adjust the ranking of the appellant in the leniency process and to receive partial immunity for parts of its participation in the car battery recycling cartel (Recylex)
Covington & Burling (Brussels)
Belgique 46 contributions 16494 visites
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Covington & Burling (Brussels)
Belgium 6 contributions 1072 visits
On 3 June 2021, the European Court of Justice (“ECJ”) in case C-563/19 P Recylex v Commission dismissed Recylex’ appeal both to adjust its ranking in the leniency process and to receive partial immunity for parts of its participation in the Car Battery Recycling cartel. The judgment, on appeal (...)

The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)
Hogan Lovells (Brussels)
Belgium 36 contributions 5935 visits
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Van Bael & Bellis (Brussels)
Belgium 151 contributions 32404 visits
On 21 October 2020, the Court of Justice answered a request for a preliminary ruling made by the French Conseil d’État (“Council of State”), which raised interesting questions with regard to the notion of “State resources” within the meaning of Article 107(1) TFEU. The background of the case (...)

The EU Court of Justice provides further guidance on the selectivity assessment of environmental taxes in the framework of national autonomous communities (UNESA)
Van Bael & Bellis (Brussels)
Belgium 151 contributions 32404 visits
On 7 November 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for a preliminary ruling by the Spanish Supreme Court. The request was made in proceedings between several hydroelectricity producers and the Spanish authorities, with regard to the (...)

Regulatory

 The French Competition Authority, along with 7 other national public and administrative authorities, takes action on climate change
Covington & Burling (Brussels)
Belgium 6 contributions 1072 visits
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Toyota (Brussels)
Belgium 36 contributions 7186 visits
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Covington & Burling (Brussels)
Belgique 46 contributions 16494 visites
At a time when COVID-19 is having direct and indirect effects on the reduction of greenhouse gas (“GHG”) emissions and ensuing global warming, eight French regulators, including the French Competition Authority, issued on 5 May 2020 a joint working paper in which they highlight the need to take (...)

The Dutch Parliament submits a legislative proposal to relax competition law for collaborations aimed at achieving sustainability goals
Invest International (The Hague)
Netherlands 2 contributions 636 visits
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Bird & Bird (The Hague)
Netherlands 11 contributions 4721 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 1225 visits
COMPETITION LAW AND SUSTAINABILITY INITIATIVES: DUTCH BILL PROVIDES MORE LEEWAY* On 4 July 2019 a long-awaited Dutch legislative proposal regarding sustainability initiatives (“Wet ruimte voor duurzaamheidsinitiatieven“) was submitted to the Dutch House of Representatives. The proposal aims to (...)

The Dutch Parliament submits a bill aiming at preventing competition law from hindering sustainability initiatives
Bird & Bird (The Hague)
Netherlands 34 contributions 8007 visits
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KPN (Amsterdam)
Netherlands 33 contributions 6826 visits
On 4 July 2019, a legislative proposal (’Wet ruimte voor duurzaamheidsinitiativen’, parliamentary document 2018-2019, 35247, no. 2) was submitted to the Dutch House of Representatives which aims to foster private collaboration towards sustainability goals by preventing sustainability initiatives (...)

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