Publication
Sustainability and Competition Law
Businesses face increasing pressure from their investors, customers, employees, regulators, and other stakeholders to promote their ESG goals in the transition to a more sustainable economy. Many businesses look to effect more impactful changes by addressing systemic issues through collaboration with other participants in their industry. This, however, creates risks that require careful management to avoid running afoul of competition laws.
Many competition enforcers have provided guidance to help companies resolve this tension and encourage lawful collaboration at the industry level, but others have recognized that there is no sustainability exception to antitrust laws and declined to provide guidance to help businesses navigate the intersection of ESG and competition laws. Still others have threatened and even initiated enforcement action against “climate cartels” on theories that sound in antitrust law.
Businesses engaged in ESG and sustainability efforts need to keep up-to-date with the changing enforcement and regulatory landscape, understand the growing body of guidance across jurisdictions, and distinguish the reality from the rhetoric of some enforcers to fully understand their antitrust risks and ensure that they remain compliant with competition laws.
Recent publications
Publication
The 2025 Dutch tax plan: Impact on real estate sector
On 17 September 2024, the Dutch Ministry of Finance published its 2025 Tax Plan (Belastingplan 2024). The plan contains several proposals that affect the Dutch real estate sector.
Publication
The 2025 Dutch tax plan: Impact on businesses
Today, 17 September 2024, the Dutch Ministry of Finance published its 2025 Tax Plan (Belastingplan 2025). The plan contains several proposals that affect businesses operating in or with the Netherlands. Most provisions of the 2025 Tax Plan will enter into force on 1 January 2025 (unless otherwise indicated).
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