27 MAY 2024
Publication of a notice on informal guidance from the Autorité in the area of sustainability
To support undertakings committed to the ecological transition, the Autorité has established a framework setting out the conditions under which project sponsors can contact the Autorité to discuss whether their sustainability initiatives are compatible with competition rules. The scope is not limited to “sustainability agreements” within the meaning of the European Commission’s new Guidelines on the Applicability of Article 101 of the Treaty on the Functioning of the European Union to Horizontal Cooperation Agreements, but includes all competition-related issues, with the exception of merger control and State aid. The objective is to support undertakings in deploying their projects in full confidence of their compliance with competition law (Notice on informal guidance from the Autorité in the area of sustainability, 27 May 2024).
14 JUNE 2024
First case: calculating the carbon footprint of animal nutrition
The Autorité examined a project led by two professional organisations in the animal nutrition sector, aimed at standardising the methodology for calculating the carbon footprint of animal feed. As the project was similar to a standardisation agreement, it had to be analysed in the light of European guidelines on horizontal restrictions.
In its informal guidance letter, the Autorité concluded that the project could comply with competition rules, subject to several conditions:
- making maximum use of individual data;
- limiting exchanges of sensitive information between competitors;
- guaranteeing the ability to innovate beyond defined standards;
- ensuring the scientific robustness of the tools.
Under these conditions, the project was deemed compatible with competition rules, insofar as it promotes standardisation without restricting innovation and competition in the market (Informal Guidance 24-DD-01 of 14 June 2024).
29 JANUARY 2025
Second case: the agro-ecological transition
In early 2025, the Authority published an informal guidance letter that had been issued in response to a request from the association Pour une Agriculture du Vivant (PADV). The association was planning a collective financing system to support the agroecological transition of farms, involving collectors, manufacturers, distributors and financiers.
The Autorité analysed the project from the point of view of competition rules and made several recommendations:
- ensure objective, non-discriminatory conditions for participation by industry players;
- use scientifically sound measurement tools;
- prevent exchanges of sensitive information between competitors;
- assess the competitive impact of yield reductions and financing mechanisms;
- ensure fair monetisation of agricultural data.
The project is the first application of the provisions of Article 210a of the CMO Regulation, which provides exceptions to competition rules for collective initiatives promoting a higher sustainability standard in the agricultural sector (Informal Guidance 25-DD-01 of 29 January 2025).
HOW TO REQUEST INFORMAL GUIDANCE
Requests can be sent:
By email: developpement-durable@autoritedelaconcurrence.fr
Or delivered to the Autorité premises: 11, rue de l’Echelle, 75001 Paris, between 9 a.m. and 7 p.m.
In the interests of efficiency, undertakings may contact the General Rapporteur, prior to submitting a request, by telephone or at the email address above, to discuss the relevance of submitting a request for informal guidance, or the stage of development of the project at which a request would be appropriate.
