Sustainability Agreements and Antitrust – Three Criteria to Distinguish Beneficial Cooperation from Greenwashing

5 Pages Posted: 28 Sep 2021

See all articles by Maurits Dolmans

Maurits Dolmans

Cleary Gottlieb Steen & Hamilton LLP

Date Written: September 7, 2021

Abstract

This paper discusses European competition law as it applies to agreements between market players to reduce, eliminate, or compensate for greenhouse gas emissions. It places these in an economic context, discusses the relevant provisions of the European treaties and applicable case law of the European Court of Justice. It identifies three broad criteria for the non-application of the prohibition of restrictive agreements, or exemption, to sustainability agreements.

Keywords: competition law, antitrust, ESG, sustainability,

JEL Classification: [comma K21, K32, K12

Suggested Citation

Dolmans, Maurits, Sustainability Agreements and Antitrust – Three Criteria to Distinguish Beneficial Cooperation from Greenwashing (September 7, 2021). Available at SSRN: https://ssrn.com/abstract=3920369 or http://dx.doi.org/10.2139/ssrn.3920369

Maurits Dolmans (Contact Author)

Cleary Gottlieb Steen & Hamilton LLP ( email )

2 London Wall Place
London, London EC2Y 5AU
United Kingdom
02076142343 (Phone)

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