Dutch ACM Welcomes Commission's Draft Guidance On Sustainability But Remains Critical

In an overall welcoming response, the Netherlands Authority for Consumers & Markets ("ACM") has provided feedback on the European Commission's ("Commission") draft revised Horizontal Block Exemption Regulations ("HBER") and accompanying draft Horizontal Guidelines; focusing on a topic in which the ACM has invested a lot of time: sustainability.

This response is part of the final round of consultations on the draft revised HBERs and Horizontal Guidelines that is currently being conducted by the Commission.

General remarks on sustainability

As an instigator for guidance on the application of competition law to sustainability agreements, it is unsurprising that the ACM seizes this opportunity to comment on the sustainability chapter of the draft revised Horizontal Guidelines. It is also unsurprising that the ACM is generally supportive of the Commission's specific guidance on sustainability agreements. In particular, the ACM takes a welcoming stance