GovWire

The CMA is consulting on draft guidance on the application of the Chapter I prohibition in the Competition Act 1998 to agreements between competitors or potential competitors in relation to environmental sustainability agreements. The CMA is seeking responses by 11 April 2023.

The Competition Act 1998 (CA98) prohibits agreements between businesses that restrict competition in the UK (unless they meet the conditions for exemption in section 9(1) of the CA98 or are otherwise excluded). This is known as the Chapter I prohibition. An agreement can be exempt from the Chapter I prohibition if it creates sufficient benefits to outweigh any anti-competitive effects.

The purpose of the draft guidance under consultation is to provide guidance on the application of the competition rules to agreements between competitors or potential competitors in relation to environmental sustainability (referred to as environmental sustainability agreements). This document also sets out guidance that is specific to agreements which combat or mitigate climate change where a more permissive approach is proposed.

In accordance with our policy of openness and transparency, we will publish non-confidential versions of responses on our webpages. If your response contains any information that you regard as sensitive and that you would not wish to be published, please provide at the same time a non-confidential version for publication on our webpages which omits that material and which explains why you regard it as sensitive.

Please email your response to sustainabilityhbersreview@cma.gov.uk. You can also contact us with any queries using this email address.

Personal Data

When handling personal data (like your contact details), we comply with data protection law, as set out in the UK GDPR and the Data Protection Act 2018 and other law designed to protect sensitive information.

For more information about the CMAs statutory functions, how the CMA processes personal data and your rights relating to that personal data (including your right to complain), please see the CMAs Personal Information Charter.

Stakeholder events

During the consultation period, the CMA is organising 3 events on the draft guidance. The purpose of these events is for the CMA to present on the draft guidance and to engage in a dialogue with stakeholders. However, we emphasise that participation in these events should not be taken as a replacement for providing a written response to this consultation.

Webinar

The CMA is hosting a webinar and Q&A on the draft guidance for stakeholders from businesses and the Third Sector. This event will take place on Monday 13 March 2023 from 2:30pm to 4pm.

Roundtable events

The CMA is also hosting 2 roundtables for specialist advisers such as lawyers and economists, to discuss technical elements of the draft guidance.

Please note that spaces are limited to one person per organisation and will be assigned on a first-come, first-served basis.?You can register your interest in attending a roundtable by contacting sustainabilityhbersroundtables@cma.gov.uk and identifying your preferred date. The 2 dates are:

• Monday 20 March 2023 from 2pm to 3:30pm; or

• Tuesday 28 March from 10am to 11:30am