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ARTICLE · 10 MAY 2023

Sustainability Agreements: How Should These Agreements Be Treated Under Antitrust Or Competition Law?

Antitrust enforcers and policymakers globally are grappling with their approach to sustainability agreements – agreements between competitors that aim to achieve sustainability goals.

European UnionAntitrust/Competition Law

Antitrust enforcers and policymakers globally are grappling with their approach to sustainability agreements – agreements between competitors that aim to achieve sustainability goals.

Is collaboration vital to overcome the "first mover disadvantage", namely businesses unwilling to be first to pursue sustainability goals, for concerns that this may disadvantage them against their rivals?

Alternatively, are sustainability goals better met by businesses competing, not collaborating, on sustainability? Do sustainability agreements need rigorous scrutiny to ensure the benefits are not overstated or amount to "greenwashing" and to ensure the benefits outweigh any potential harm, such as higher prices or less choice?

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