ACM supports BMA guidelines: making cross-border sustainability agreements easier
The Netherlands Authority for Consumers and Markets (ACM) welcomes the Belgian Competition Authority’s (BMA) proposed guidelines for sustainability agreements. ACM has written its response as part of the public consultation (external website) of the BMA guidelines. With its draft guidelines, the BMA acknowledges that competition rules offer opportunities for collaborations between businesses in the interest of sustainability. With its ‘open door policy’, among other things, the BMA offers guidance to businesses that are taking up the challenge of transitioning towards a more sustainable economy together with other businesses.
During the consultation period, interested parties are able to indicate whether the draft guidelines are sufficiently clear.
ACM’s response
Over the past few years, ACM has gained much experience with the opportunities that the competition rules offer for collaborations between businesses with regard to sustainability. This is due to, among other things, its Policy rule regarding ACM’s oversight on sustainability agreements. In many cases, the competition rules do offer opportunities for collaborations with regard to sustainability.
In its response to the BMA, ACM expresses its appreciation of and support for the draft guidelines. The draft guidelines eases cross-border sustainability initiatives by market participants in the Netherlands and/or Belgium. In addition, ACM gives the BMA three suggestions. With these suggestions, the BMA’s approach to assessing sustainability agreements becomes more aligned with ACM’s approach. The suggestions are about agreements counteracting illegal competition, easing agreements that counteract environmental harm, and clarifying the opportunities for sustainability collaborations in the agricultural sector.
ACM and sustainability
ACM ensures that markets work well for people and businesses, now and in the future. More-sustainable products and consumption are essential elements towards a more sustainable society. ACM wishes to create the right conditions for promoting the sustainability transition. ACM offers information to businesses that wish to assess whether their sustainability agreements are allowed under the competition rules. For example, businesses can have their sustainability agreements assessed informally by ACM, or they can go to ACM’s website and take ACM’s collaboration check (in Dutch).
ACM takes away impediments, and offers scope where it can. This does not solely apply to sustainability agreements made between businesses. ACM also takes action against businesses that put misleading sustainability claims on their products.
More information about collaborations and sustainability can be found here: Arrangements between businesses regarding sustainability (in Dutch).