Sustainability and Competition Law: An International Report

Abstract

The interaction between sustainability and competition law has recently come onto the agenda of many competition agencies and international institutions. The International League of Competition Law (LIDC) has thus decided to explore the topic at the LIDC Congress on 20–22 October 2022 in Milano. This report provides an introduction into the debate and overview about the different national reports which were submitted from 11 countries (namely Austria, Belgium, Brazil, Czech Republic, France, Germany, Hungary, Italy, Malta, Switzerland, United Kingdom) and are contained in this book. The report first sets out the general legal framework on the interaction between competition law and sustainability in the different countries. The second part of the report addresses specific interactions between competition law and sustainability, exploring cases in the areas of co-operation, cartels, abuse/monopolisation, and mergers. It is subdivided into a section looking at ‘shield’, in other words, whether companies that take action to foster sustainability can rely on that fact before competition authorities, and the role of competition law as a ‘sword’ (cases where protecting competition was in turn expected to be beneficial to sustainability). The third part addresses ‘greenwashing’. The fourth part explores how agencies, beyond specific cases, have become active in the area, for example by setting out priorities, guidelines, working papers, and individual guidance and strengthening capacity. The final part briefly highlights some of the contributions that the reports have mentioned in other closely related areas of law, such as false advertising or unfair competition.