Greener competition: New opportunities for commercial cooperations on sustainability
Title: Greener competition: New opportunities for commercial cooperations on sustainability
Jurisdiction: European Union
Authors: Jesper Kaltoft and William Alexander Tornøe
Law firm: Bech-Bruun
Since ESG and sustainability have become increasingly important to both consumers and businesses, a need has arisen for undertakings to work together in contributing to a sustainable future. New guidelines and specific regulation from the EU provide for increased opportunities to cooperate on such matters without infringing the prohibition of anti-competitive agreements.
At the EU-level, guidance from the European Commission and specific regulation has allowed for cooperations on sustainability between both competing and non-competing undertakings. This article deals with the assessment of sustainability cooperations under Article 101(1) TFEU, which prohibits certain anti-competitive agreements.