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Competition and sustainability
If you would like to read all five posts in our Competition and Sustainability Series together in one place, please download the full report.
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Competition and sustainability:
How can companies cooperate
now?
Our recent experience advising companies as well as our survey results tell us that they are keen to help to address the climate emergency. Because going it alone may put a company at a competitive disadvantage, industry-wide cooperation will be far more effective. Companies need more guidance on the applicability of the competition rules in this space. But there are practical steps companies can take now to lawfully collaborate on sustainability. We walk through these in this, the second post in our Competition and Sustainability Series.
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Competition and sustainability: Evolving industrial and State aid policies to fuel green initiatives
Industrial policy across major jurisdictions is shifting to make economies more sustainable. Part of this transition involves encouraging public and private green investments through subsidies and regulation. In the EU, ambitious plans to combat climate change confer a central role on the State aid rules, which have already made strides in supporting sustainability projects. We walk through these important developments in this post, the fourth of our Competition and Sustainability Series.
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Competition and sustainability: Stepping up to the plate
This first post asks the why and the how: why are we talking about this now, how should companies grapple with the many tricky questions – from competitor collaboration to M&A and State aid – and how could competition agencies meaningfully address at least some of them. The Covid-19 response by many of them has shown us that things can change quickly when they need to. We hope this series is a helpful first step in getting more people talking about competition law and sustainability.
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Competition and sustainability: Fostering green deals via merger control policy
Compliance with the increasing expectations of governments and society has made “going green” an important common objective for companies and competition authorities. Merger control policies are evolving to take better account of these new strategic drivers. Dealmakers should think about how to respond tactically in the context of their M&A deals. We walk through the practical implications in this post, the third in our Competition and Sustainability Series.
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Competition and sustainability: Quantifying the environmental benefits of cooperation
The key to successfully exempting sustainability agreements from the competition rules is showing that their environmental benefits outweigh any competitive harm. To do this, we need to clearly quantify these and consider the right group of consumers, whether present or future generations. Building on the discussion in our Competition and Sustainability webinar from economic expert Matthew Bennett of Charles River Associates, this bonus post walks through some thoughts on these questions.
