17th Annual IBA Competition Mid-Year Conference

8 Jun - 9 Jun 2023

Session information

Session three: Sustainability agreements and competition law: any green light at the end of the tunnel?

Description

Competitor collaborations on sustainability can be a force for good in our wider society where they aim to promote environmental and other social goals including addressing climate change, ensuring sustainable use of resources and the promotion of human and labour rights and animal welfare. Is competition law an obstacle to such agreements? Regulators are increasingly aware that competition rules need to take into account sustainability goals and be applied more flexibly to enable benign cooperation. However, getting it wrong can result in lengthy investigations, hefty fines and private damages actions that run in the billions. A number of authorities around the world have recently issued guidance to provide companies and their legal advisors a framework for distinguishing between positive collaboration agreements and problematic agreements that result in collusion. This panel will discuss recent developments and guidelines with the hope of shedding some ‘green’ light in this difficult area of the law.

Session / Workshop Chair(s)

Kyriakos Fountoukakos Herbert Smith Freehills LLP, Brussels, Belgium; Senior Vice Chair, Antitrust Section
Carolyn Oddie Allens, Sydney, New South Wales, Australia; Publications Officer, Antitrust Section

Speakers

Herbert Fung Competition and Consumer Commission of Singapore, Singapore, Singapore
Etsuko Hara Anderson Mori & Tomotsune, Tokyo, Japan
Elizabeth Richmond Clifford Chance LLP, Sydney, New South Wales, Australia
Stanley Tan Menarini Asia Pacific, Singapore, Singapore