Campaign Succeeds to Have Sustainability Recognized Within EU Competition Law

The EU’s Green Deal, promising to reduce Europe’s greenhouse gas emissions to net-zero by 2050, has pushed environmental, social and governance (ESG) issues to the top of the agenda for many businesses. But competition law obstacles to industry cooperation remain a stumbling block. Dechert’s lobbying for changes in EU competition guidance to facilitate sustainability initiatives has been instrumental in bringing several European agencies to adopt or propose new guidelines – an achievement recognized by the Financial Times in its European Innovative Lawyers Awards 2021.

“New thinking has been essential, to give firms the confidence that they will not be criticised for mounting joint programs, for example to pay farmers a living wage, or to promote good environmental practices,” says Alec Burnside, who led the Brussels-based Dechert lobbying team, which included associates Delphine Strohl and Marjolein De Backer. “The interest of unborn generations must be given weight, not just the prices paid by today’s consumers.” Acting pro bono for the Fair Trade Advocacy Office (FTAO) in Brussels, Dechert brought regulators and practitioners into a debate which had been running largely in isolation among academics and civil society campaigners.

“We took a thought leadership approach, hosting events, publishing, providing analysis, and introducing campaigners to the relevant government bodies,” explains Burnside. “Our flagship event was hosted by the EU itself, with the Competition Commissioner Margrethe Vestager as keynote speaker, and with the support of the Global Competition Law Centre (GCLC), part of the prestigious College of Europe.” Videos and published articles can be found here.

Dechert continues to advocate strongly on the issue, convening two recent conferences: one led by the FTAO and GCLC, and hosted by the EU, and another by GCRConnect.