Saving the world together? Antitrust challenges in sustainability cooperation between competitors | McDermott

Saving the world together? Antitrust challenges in sustainability cooperation between competitors

Overview


Companies must act sustainably. If they cooperate with competitors to do so, the question arises as to what extent they can join forces without risking an antitrust violation. Is it possible, for example, to agree to purchase input products only from suppliers who meet certain sustainability requirements? Under what conditions can a joint quality seal be introduced? The debate is gaining momentum: Stammwitz has presented the EU Commission its draft “Horizontal Guidelines” and formulated guard rails for sustainability cooperation’s; the German Federal Cartel Office has assessed several cooperations. This essay provides information on the current status and raises awareness of risks.