Environmental Competition Law
There is no denying that we face a climate emergency and that ‘business as usual’ is no longer an option and that also applies to Competition Authorities. Urgent action to limit climate change is needed and a rapid push towards greater sustainability through increased cooperation is the only way forward.
Over recent years we have developed a specialisation in Environmental Competition Law and have become thought leaders in the field.
We believe that some of the basic principles of competition law as they currently stand are part of the problem that needs to be solved.
When it comes to increased sustainability through cooperation between competitors, EU law (and the competition laws of individual countries) may have had unintended consequences through the operation of the provision on anticompetitive agreements contained in Article 101 TFEU.
Clearly, horizontal agreements contained in sustainability initiatives may give rise to potential antitrust concerns. These range from the more obvious issues of state aid and anti-competitive cooperation among competitors, to vertical integration issues and even potential abuses of market power.
The current way of assessing sustainability initiatives is complex, cumbersome and uncertain. There is a greater need for clarity and guidance.
We believe that a much more holistic approach to environmental and sustainability issues, spanning all aspects of EU competition law, is urgently required to boost European efforts to address the climate crisis.
We have therefore developed a new approach to environmental issues and competition law. This involves thought leadership at the frontier between law and publics policy, based on an open and constructive dialogue with regulators.
This new approach is evidenced in our recent experience and the thought leadership we have brought to bear on the issues.
Featured Experience:
- European Recycling Systems in relation to on facilities sharing and vertical issues
- Chemicals Trade Association – representation on studies regarding toxicity
- Major Logistics Provider on back-haul CO2 savings through data sharing and cooperation.
