Memo concerning the results of the public consultation of the second draft version of the Guidelines on Sustainability Agreements

The draft version of the Guidelines on Sustainability Agreements explains the application of competition law to sustainability agreements between undertakings. The Guidelines show the opportunities that market participants have for making sustainability agreements, but also where competition law draws the line.

On 9 July 2020, the first draft version of the Guidelines was published for public consultation. During the public-consultation period, a total of 27 stakeholder responses were received. These responses came from international undertakings (mostly larger ones), NGOs, trade associations, law firms, economists, and several fellow competition authorities. The vast majority of the responses were positive about the draft Guidelines. In the responses, respondents also pointed to several elements that were still unclear, and which raised questions.

Following the public consultation, the Guidelines on Sustainability Agreements have been tightened, and are now ready for further discussions in Europe.