Climate & Competition Law

Competition law and climate change is rapidly developing – both at national and EU level. In practice, climate change may play a role in competition law compliance, as a defence in cartel investigations, or in merger notifications.
Climate & Competition Law
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Our EU & Competition law specialists have extensive knowledge and practical experience at the intersection of competition law and climate change. We advise various organisations on the competition law and regulatory aspects of implementing and enforcing sustainability and environmental certificate systems and labels and emission trading agreements in different sectors. Where relevant, the team includes climate change aspects in its regular competition compliance advice.

Recent developments

  • The Dutch Competition Authority is a key promoter of incorporating climate change elements into cartel assessments. It recently published draft guidelines on sustainability initiatives and the cartel prohibition .
  • At the EU level, the European Commission (DG Competition) is increasingly focusing on the climate change aspects of competition law. The Commission will publish a report with the results of its public consultation in this area before the summer of 2021.
Competition
We advise and assist national and international companies, institutions and governments in procedures before the Netherlands Authority for Consumers and Markets, the European Commission, foreign competition authorities, and the relevant (specialised) courts.
ESG & Sustainability
Behind the daily headlines on sustainability and environmental, social and governance (ESG) issues hide complex challenges such as permitting, subsidies, funding and reporting obligations. These matters affect the expectations and demands of all corporate stakeholders.

Recent
work

Advised private and public organisations and public-private partnerships on the State aid rules involving various initiatives, such as reducing the CO2 emissions in the production process, producing renewable energy and realising innovative applications and circular production methods. Moreover, the team was involved in numerous proceedings concerning measures introduced to achieve climate objectives at national and local level.

Advised private and public organisations and public-private partnerships on the State aid rules involving various initiatives, such as reducing the CO2 emissions in the production process, producing renewable energy and realising innovative applications and circular production methods. Moreover, the team was involved in numerous proceedings concerning measures introduced to achieve climate objectives at national and local level.

Key
contacts

Publications

12 December 2022
12 December 2022
Sustainability agreements in the agricultural sector: applicable rules and examples. Houthoff.
1 February 2021
1 February 2021
Het CO2 -grenscorrectiemechanisme: het einde van ‘ETS-steun’ en het begin van een internationaal handelsgeschil? Tijdschrift voor Staatssteun.
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