A risk of “greenwashing” by competition authorities?
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Senior Associate
Netherlands
As a Senior Associate in our Competition and Regulatory Groups in Amsterdam and The Hague, I specialise in competition, public procurement and energy regulatory matters, with a focus on the tech & comms and energy & utilities sectors.
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Associate
Netherlands
I am an associate in our regulatory, administrative and competition team in The Hague. I advise clients in both contentious and non-contentious matters, especially in the telecommunications, postal services and financial services-sectors.
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It is no news that sustainability is an important topic of competition policy across the EU. There is clear consensus that competition law enforcement should be careful not to hinder cooperation between companies, even competitors, that facilitates the realisation of or progress towards reaching sustainability goals of climate policy (or beyond). Although the extent to which Article 101(3) TFEU can be used as a legal basis for exempting restrictive sustainability agreements from the cartel prohibition continues to be a hotly debated topic, competition authorities open up to guide companies towards legitimate forms of sustainability-promoting cooperation. This prompts the question if the authorities’ eagerness to facilitate sustainability initiatives does not amount to a risk of ‘greenwashing’ by competition authorities.
