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Competition Policy

ECN Recommendations on Investigative and decision-making powers

Statements

21 March 2022

Antitrust: Joint statement by the European Competition Network (ECN) on the application of competition law in the context of the war in Ukraine

9 July 2020

Statement on ACM public consultation on sustainability guidelines

The European Commission takes note of the public consultation launched by the Dutch Competition Authority (“ACM”) on 9 July 2020, on its revised draft Guidelines on Sustainability agreements. The Commission fully supports the need for clear guidance on agreements aiming at reducing greenhouse gas emissions that would be compatible with competition law.

The aim of ACM’s the revision of the draft Guidelines on Sustainability agreements is to ensure that the competition rules do not stand in the way of agreements aiming at reducing greenhouse gas emissions. With this consultation, ACM is seeking the public’s view on its proposed approach including an interpretation of Article 101(3) of the Treaty of the Functioning of the European Union (TFEU) and its Dutch equivalent (Article 6(3) of the Dutch Competition Act) that would enable the ACM to balance any negative effects of anti-competitive behaviour for the consumers concerned (e.g. a price increase) against benefits incurred by the resulting reduction of greenhouse gas emissions – not only for the consumers buying the relevant products but also for the society as a whole.

The European Commission is currently looking into the same issues as part of the review of the two Horizontal Block Exemption Regulations and the Horizontal Co-operation Guidelines. In particular, the Commission, in line with the Commission’s Better Regulation requirements, ran a public consultation inviting stakeholders to comment on, amongst other things, the efficiency, effectiveness and relevance of the current regulations and the accompanying guidelines on horizontal co-operation agreements. In the framework of this review, some stakeholders have expressed similar views about the need to provide guidance on agreements on sustainability issues (including environmental issues). Contributions to the public consultation, together with a factual summary have been published on DG Competition’s website. The Commission will continue its reflections on these issues, both with external stakeholders and within the European Competition Network (ECN), to provide further clarity and arrive at a uniform approach.

The European Green Deal is our roadmap for making the EU's economy sustainable. We can achieve this by turning climate and environmental challenges into opportunities across all policy areas, including competition policy, and making the transition just and inclusive for all.

23 March 2020

Antitrust: Joint statement by the European competition authorities on the Corona crisis

Model leniency programme

November 2012

ECN Model Leniency Programme: 2012 revision

September 2006

2006 ECN Model Leniency Programme en fr de 

The ECN Model Leniency Programme, endorsed in 2006, has been a major catalyst in encouraging ECN members to introduce leniency programmes and in promoting convergence between them. The 2012 revision introduced a range of refinements to this Model Programme (see above).