Competition law and esg

  • What is ESG competition?

    A holistic approach to sustainability—with respect to disruptive change, financial strength, environmental and social externalities and governance (also referred to as ESG)—helps us identify investment opportunities..

  • What is the ESG law?

    ESG stands for environmental, social, and governance.
    It has gone by other names over the years including impact investing, social impact investing, and sustainable investing.
    At its core, it is an investment strategy.
    A way to use your money to impact change.
    We often see this in political movements..

  • Where is ESG applicable?

    - ESG is an external investment framework, or a form of metrics, that helps companies communicate their initiatives and investors assess the company's performance and risk.
    On the other hand, sustainability is seen as an internal framework that guides the organization's capital investments..

  • Why is ESG important for companies?

    The importance of ESG for businesses and investors.
    ESG functions as a valuation technique that takes into account environmental, social and governance issues.
    ESG in the private sector is a set of criteria used to evaluate a company's risks and practices..

  • ESG investing is based on the idea that investors must focus not only on a company's financial prospects but also on its ability to act responsibly in society.
    This includes its ability to comply with regulatory requirements, protect the environment, be socially responsible, and have an effective management system.
  • ESG stands for environmental, social, and governance.
    It has gone by other names over the years including impact investing, social impact investing, and sustainable investing.
    At its core, it is an investment strategy.
    A way to use your money to impact change.
    We often see this in political movements.
  • New McKinsey research finds that companies that courageously pursue stronger growth and profitability while improving ESG performance deliver superior shareholder returns.
Jun 7, 2023Generally, co-operation between companies is compatible with competition rules if its anti-competitive effects are outweighed by the efficiency 
Any arrangement between competitors to fix prices, restrict supply or acquisition, allocate markets or customers, or rig tender processes will be cartel conduct 

Does competition law apply to ESG collaboration?

In short, there is currentlysignificant uncertainty on the application of competition law to ESG collaboration.
To date, the European Commission ( EC) (which in many ways leads the global conversation on sustainability and the environment) has not taken clear steps to address the potential competition law risks arising from ESG collaboration.

How can LexisNexis help law firms develop their ESG goals?

To help law firms develop their ESG goals and enhance their understanding, LexisNexis has developed toolkits and bespoke content on climate change, biodiversity and waste, as well as the myriad of additional issues found within social (the ‘S’) and governance (the ‘G’) concerns.

Is ESG undermining your company's competitiveness?

1.
Is ESG undermining your company’s competitiveness? Fears that excessive emphasis on ESG could harm a company’s competitiveness are not misplaced.
In fact, there are valid questions about whether, if a company places too much energy into ESG objectives, it risks losing its focus on growth, market share, and profits.

What is ESG compliance?

(Retuers) The compliance intersection with Environmental, Social, and Corporate Governance (ESG) continues to drive many initiatives in both the ESG realm as well as compliance.
One of the key areas is in found in corporate Supply Chain, particularly around human rights, human..

Does competition law apply to ESG collaboration?

In short, there is currentlysignificant uncertainty on the application of competition law to ESG collaboration

To date, the European Commission ( EC) (which in many ways leads the global conversation on sustainability and the environment) has not taken clear steps to address the potential competition law risks arising from ESG collaboration

Does competition law apply to sustainability agreements?

The UK’s Competition and Markets Authority ( CMA) has also published guidance specifically on the application of competition law to sustainability agreements, although it takes a slightly more reserved approach and simply outlines the ways in which competition law may apply in these circumstances

Is competition law a shield or a sword?

In light of the European Green Deal, ‘sustainability and competition law’ is currently one of the most debated topics in the EU

Therefore, this paper explores the interaction between competition law and sustainability in the EU placing this debate in an historical context embracing both competition law ‘as a shield’ and ‘as a sword’ approaches


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