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ARTICLE · 26 OCTOBER 2026

Proceed With Caution: Transatlantic ESG Antitrust Guidance For Chemicals And Metals Businesses

Mayer Brown
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Companies in the chemicals and metals industries face divergent antitrust risks when pursuing collaborative ESG initiatives across the Atlantic. While US enforcers scrutinize sustainability agreements that may affect prices or output, the European Union has adopted a more permissive framework that recognizes many sustainability collaborations fall outside cartel prohibitions.

GlobalAntitrust/Competition Law
Rachel J. Lamorte
Rachel J. Lamorte
Christian Horstkotte
Christian Horstkotte
Teresa Gerhold-Kempf
Teresa Gerhold-Kempf
Matthias Jannausch
Matthias Jannausch
Mecca Aikens
Mecca Aikens
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Companies in the chemicals and metals industries are increasingly pursuing collaborative Environmental, Social, and Governance (“ESG”) initiatives, from reducing chemical emissions or phasing out hazardous substances to adopting responsible-sourcing standards. While these efforts can advance important sustainability goals, chemicals and metals companies should be aware of divergent antitrust risks in the United States and the European Union. Since President Donald Trump’s second term began, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) have scrutinized competitor collaborations aimed at sustainability. Meanwhile, the European Union has taken a contrasting and more permissive approach with revised Horizontal Guidelines recognizing that many sustainability agreements fall entirely outside EU cartel prohibitions.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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