the Netherlands

On behalf of the team

After holding consultations, the Netherlands Authority for Consumers and Markets (“ACM“) – the Dutch competition authority – made the draft guideline it published last year on sustainability agreements more specific. The guideline provides clarity about the conditions under which companies are in fact allowed to collaborate when it comes to combating the climate crisis and achieving other sustainable goals. With that in mind, the guideline gives a broader interpretation of the European rules in some cases. The ACM believes it important that the European Commission and other countries adopt the same approach to enforcing the rules and that a European guideline be developed. In the meantime, companies need not worry about the outcome of that process, as the ACM has announced that while the discussion on the subject is still ongoing in Europe, it will refrain from imposing fines on companies that have followed the draft guideline in good faith.