Competition Law and Sustainability – Practical Challenges for Companies

• Year: 2023

Speaker

Michael Jürgen Werner is a senior partner in the Antitrust and Competition practice of Norton Rose Fulbright. He joined Norton Rose Fulbright in 2001 as partner, having been a resident partner in a major German law firm in Brussels since 1995. A German-qualified lawyer by background, he is a member of the German, English and Belgian bar. With almost 30 years of experience, he is a leading advisor and a lecturer at a major international University on competition, state aid, and public procurement law.

Topic

This e-presentation aims to delve into the potential risks associated with competition law for companies that are eager to embrace sustainable business practices. It sheds light on the challenges they may encounter and explores ways in which they can effectively collaborate on sustainability initiatives while ensuring compliance with the competition rules set forth by the European Union (EU).

In today's rapidly evolving business landscape, the importance of sustainable practices has gained significant traction. Companies across various industries are recognizing the need to incorporate sustainability into their operations, not only to align with societal expectations but also to foster long-term success. However, while pursuing sustainability goals, it is crucial for companies to remain mindful of the legal framework surrounding competition law.

Competition law serves as a cornerstone of the EU's regulatory framework, designed to ensure fair and competitive market conditions. It prohibits anti-competitive behavior that may impede market efficiency, restrict consumer choice, or harm other market participants. Engaging in collaborative sustainability initiatives could potentially raise concerns under competition law if not carefully navigated.

One of the main challenges for companies is striking the right balance between sustainability collaboration and competition compliance. While collaboration is often essential to tackle complex sustainability issues, it must not lead to anti-competitive practices such as price-fixing, market sharing, or bid-rigging. Therefore, understanding the potential risks and adopting appropriate measures is...