The Commerce Commission has released formal guidance for competitors seeking to collaborate in pursuit of sustainability goals.
The Guidelines (which can be read here) are intended to assist businesses to identify sustainability initiatives that are likely to have competition law implications.
Examples of collaborations that are unlikely to be problematic from a Commerce Act perspective include:
- Joint campaigns to raise awareness about sustainability issues;
- Agreements to engage in training people in the industry to improve sustainability outcomes; and
- Transparent frameworks for reporting climate-related information .
Collaborations that are more likely to raise competition law concerns include:
- Industry commitments to sustainability-related standards;
- Agreements about products or packaging;
- Agreements to share infrastructure with a view to reducing environmental footprint; and
- Agreements relating to product stewardship.
If your business is considering collaborating with competitors over sustainability goals, we encourage you to check that any proposed activities accord with the Guidelines and the Commerce Act.
Please direct any queries to the head of Lane Neave’s Competition and Consumer Protection team, Anna Ryan (anna.ryan@laneneave.co.nz).
