Sustainability goals and criteria – i.e. ESG aspects in the broader sense – continue to be the focus of social debate and determine consumer behavior. This is why companies are increasingly motivated to launch sustainability initiatives, sometimes even across the entire industry. These can simultaneously create a competitive advantage for participating companies and disadvantages for other market participants. As a result, the topic is increasingly taking center stage in antitrust law. However, even if initiatives address ESG issues that are socially and societally desirable, they may fall under the ban on cartels as agreements that restrict competition. The consequences can be serious: in particular, there is a risk of high fines, claims for damages and reputational damage.
KPMG Law expert Jacqueline Unkelbach talks about this in the latest episode of the podcast Fachfragen: Der Podcast für Wirtschaft, Recht und Management.
You can find the whole episode here.
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