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ARTICLE · 11 DECEMBER 2023

Green Agreements: When Does Working With Competitors Breach Competition Law?

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With substantial fines for breaching competition law, it's not surprising that many businesses are cautious about working with competitors.

United KingdomAntitrust/Competition Law
Rosamund Browne
Rosamund Browne
Richard J Brown
Richard J Brown
Nigel Seay
Nigel Seay
Stephen Whitfield
Stephen Whitfield
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With substantial fines for breaching competition law, it's not surprising that many businesses are cautious about working with competitors. However, in its recently finalised Green Agreements Guidance, the UK Competition and Markets Authority (CMA) makes it clear that competition law should not prove a barrier to legitimate green collaborations between competitors. This is helpful news for the infrastructure sector because it should allow for greater burden sharing when it comes to the costs of transitioning to a cleaner, greener approach. So what does the Guidance say about what's permitted and what isn't?

Non-problematic agreements

Helpfully, the CMA provides a range of examples of Green Agreements which are unlikely to infringe competition law and will not be prioritised for review. These include:

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