Our EU & Competition law specialists have extensive knowledge and practical experience at the intersection of competition law and climate change. This area 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.

The EU & Competition Team recently advised 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.
  • Highlighted Matters
    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.