Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 MAY 2026

New Belgian Antitrust Guidelines On Sustainability Agreements: What You Need To Know

A&O Shearman
A&O Shearman
Contributor

A&O Shearman

Introducing A&O Shearman Unparalleled global depth for a changing world. Today more than ever,...

View firm profile
Explore more from A&O Shearman

The Belgian Competition Authority has issued comprehensive guidelines on sustainability agreements, introducing novel mechanisms for businesses to cooperate on environmental and social objectives while navigating antitrust compliance.

BelgiumAntitrust/Competition Law
Eliana Paredis
Eliana Paredis
Joris Gruyters
Joris Gruyters
Janek Nowak
Janek Nowak
Tarek Abdelali
Tarek Abdelali
Author LinkedIn connections

The Belgian Competition Authority (BCA) has released its long-awaited guidelines on how companies may cooperate on sustainability objectives without breaching antitrust rules (BCA Guidelines).

While largely based on the European Commission (EC) guidelines on horizontal cooperation agreements, the BCA Guidelines introduce some novelties that are directly relevant to businesses operating in or with exposure to the Belgian market.

General framework for self-assessment

Sustainability agreements are agreements between undertakings that pursue one or more sustainable development objectives, for example combating climate change, limiting the use of natural resources, reducing food waste, or ensuring animal welfare.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Must Meta Open WhatsApp To Competing AI Assistants?

The European Commission has imposed interim measures requiring Meta to restore third-party AI assistant access to WhatsApp's Business API, marking a significant enforcement action under Article 102 TFEU. This decision addresses Meta's alleged abuse of dominant position by excluding competing AI assistants while maintaining access only for its own Meta AI. The case raises critical questions about competition enforcement in emerging digital markets and whether early foreclosure effects can irreversibly streng
BelgiumAntitrust/Competition Law
Steptoe LLP
Steptoe LLP
Article

EU Article 102 Guidelines What Businesses Need To Know Now

The European Commission has adopted its first comprehensive Guidelines on exclusionary abuses of dominance under Article 102 TFEU, marking a significant evolution in EU competition law enforcement. Following a three-year consultation process, these Guidelines codify evolving case law while addressing concerns about enforcement thresholds and introducing notable changes including the reintroduction of a 40% market share benchmark, refined evidentiary presumptions, and expanded guidance on digital markets and
European UnionAntitrust/Competition Law
McDermott Will & Schulte
McDermott Will & Schulte
Article

EU General Court Upholds The Prohibition Of Booking/eTraveli

The EU General Court's landmark judgment in Booking Holdings v Commission marks a pivotal shift in merger control enforcement, validating the European Commission's authority to block conglomerate mergers based on ecosystem strengthening and market contestability concerns. This decision establishes that even marginal market share increases in adjacent markets can justify prohibition when they entrench dominance and reduce competitive dynamics.
European UnionAntitrust/Competition Law
WilmerHale
WilmerHale
Article

EU General Court Upholds First-Ever “Ecosystem” Merger Prohibition

The EU General Court has upheld the European Commission's prohibition of Booking's acquisition of Etraveli, marking the first judicial endorsement of an "ecosystem" theory of harm in merger control. This landmark ruling validates the EC's use of reverse leveraging and entrenchment theories, establishing that dominant firms can be blocked from acquiring assets in adjacent markets even where they lack dominance in the target's market. The decision has far-reaching implications for digital platform acquisition
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

European Commission Opens First Formal Antitrust Investigation In The Medical Devices Sector

The European Commission has launched its first formal antitrust investigation in the medical devices sector, examining whether Align Technology may have abused its dominant position by restricting interoperability between its Invisalign clear aligners and competing intra-oral scanners. The investigation focuses on allegations that the company created a closed ecosystem, forcing dental professionals to purchase iTero scanners to access Invisalign products for their patients.
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

European Commission – Statement Of Objections Issued In Construction Chemicals Cartel Investigation

The European Commission has issued Statements of Objections to construction chemicals manufacturers in France, Germany and Spain, along with three national trade associations, over suspected price coordination. The preliminary assessment suggests manufacturers coordinated future price increases for chemical additives and admixtures between 2021 and 2022 in response to rising raw material costs following the COVID-19 pandemic and Russia's war against Ukraine.
GlobalAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership
Article

Amendments To The Act On The Protection Of Personal Information Promulgated

Japan has enacted sweeping amendments to its Act on the Protection of Personal Information, introducing an administrative surcharge regime with monetary penalties for data protection violations, new protections for children under 16 and biometric data, and expanded exceptions for data utilization in statistical analysis and AI development. The reforms, which take effect in stages through 2028, fundamentally reshape Japan's privacy enforcement landscape by granting the Personal Information Protection Commiss
JapanPrivacy
A&O Shearman
A&O Shearman
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

EU Packaging And Packaging Waste Regulation—what International Corporate Groups Should Know

The European Union's new Regulation on packaging and packaging waste has fundamentally transformed compliance requirements for companies placing packaged goods on the EU market, replacing decades-old directive-based frameworks with directly applicable product-law rules. While promising regulatory harmonization across member states, the reality presents a complex dual-compliance landscape where businesses must navigate both EU-wide packaging standards and diverging national implementation approaches.
European UnionEnvironment
A&O Shearman
A&O Shearman
Article

Delaware Chancery Invalidates Buyer Termination And Orders Specific Performance Of Obligations To Seek Regulatory Clearance For Merger

A Delaware Court of Chancery decision examines whether an acquiror can terminate a $2.35 billion merger agreement when antitrust approval is delayed beyond the outside date. The case centers on whether the acquiror's abandonment of discussions with a competitor—which triggered an FTC investigation—constitutes "willful conduct" that prevents the buyer from walking away from the deal.
United StatesCorporate/Commercial Law
A&O Shearman
A&O Shearman
Article

The EU’s Proposed Industrial Accelerator Act: What The Battery Industry Needs To Know—and Do

The European Commission's Industrial Accelerator Act proposes to reshape battery supply chains by conditioning access to EU public procurement and support schemes on strict origin requirements. As China controls over 80% of global battery manufacturing capacity, the legislation introduces escalating component-count thresholds that could fundamentally alter market access, financing structures, and supplier eligibility across the battery value chain.
GlobalGovernment, Public Sector
A&O Shearman
A&O Shearman
Article

Court Of Chancery Imposes Sanctions For Spoliation Of Signal Messages

The Delaware Court of Chancery imposed significant sanctions in a merger litigation case after finding that the company's controlling stockholder and senior officers recklessly destroyed Signal messages following legal hold notices. The court shifted the burden of proof by presuming certain facts favorable to plaintiffs, requiring defendants to rebut these presumptions with clear and convincing evidence rather than a preponderance standard.
United StatesLitigation, Mediation & Arbitration
A&O Shearman
A&O Shearman
Article

How Spain’s Draft Data Center Rules Could Transform Digital Infrastructure Investment

Spain's draft Royal Decree introduces stringent energy sustainability, environmental, resilience and digital sovereignty requirements for data centers, including renewable additionality, hourly correlation, and efficiency standards. The regulation applies to all access and connection permits obtained after entry into force, with specific compliance deadlines for projects in progress and those with granted permits not yet connected to the grid.
SpainEnergy and Natural Resources
A&O Shearman
A&O Shearman
Article

SEC Proposes Regulation Crypto Assets: Tailored Pathways For Covered Investment Contracts

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two tailored exemptions from Securities Act registration requirements for certain offerings of covered investment contracts involving crypto assets. The proposal establishes a startup exemption allowing up to $5 million in offerings over four years and a two-tier fundraising exemption permitting offerings up to $75 million...
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

California Passes Suite Of Bills Advancing Child Online-safety Push

California has enacted a comprehensive package of four bills that fundamentally reshape online safety protections for minors, targeting addictive design features, data privacy practices, age verification systems, and platform liability. These new laws establish strict requirements for social media companies, including mandatory stripped-down interfaces for users under 16, enhanced privacy defaults, and potential damages up to $1 million for negligent harm to children. The legislation represents one of the m
United StatesMedia, Telecoms, IT, Entertainment
A&O Shearman
A&O Shearman