42 … For example, companies may agree to washing powder packages had been These practices, which are detrimental raise their prices in the context of discus- reduced and the packaging had been to sustainable development, can lead to sions on the environmental performance adapted. The companies had discussed price or production restrictions, but can of the sector, possibly with the support of weight (’compaction’) and volume (’size also affect innovation, product diversity a government agency, or to stop manu- reduction’) reductions in detail and had through transparency on sustainable facturing or importing products that do jointly decided to keep prices unchanged. qualities, manipulation of the narrative not meet certain environmental criteria. vis-à-vis government agencies and the Companies may also, for example, agree Besides this kind of practice which public, or the foreclosing of markets. The not to compete on new "green" products. conceals conventional anticompetitive Autorité will remain particularly vigilant behaviour behind a "green veneer", the in this regard. For example, in the "Consumer Autorité monitors the adoption of beha- Detergents" case of 13 April 2011, the viour by actors which affects sustainable For example, in the floor coverings cartel European Commission sanctioned Hen- development insofar as it has become, decision, the Autorité considered that an kel, Procter & Gamble and Unilever for in the markets in question, a competi- agreement whereby companies agreed anticompetitive practices in connec- tive parameter in the same way as other with each other not to communicate the tion with a European environmental ini- considerations of quality or innovation. individual environmental performance tiative on compacting washing powder. of their respective products had the pur- The dosages and weights of standard pose of preventing the communication policies of each of the undertakings from being freely decided and, what is more, of preventing any competition based on the environmental performance of these products. The Autorité found that such an agreement constituted, in itself, an anti- How is the priority Highlighting examples, which may competitive restriction (Decision 17-D-20 on sustainable or may not be virtuous, is indeed of 18 October 2017). development the clearest way to allow companies manifested in practice to self-assess their behaviour and to Practices considered remind them of the Autorité’s firm particularly serious within the investigation stance in the face of anticompetitive services? behaviour that impacts on The Autorité has already had occasion sustainable development. to indicate that practices which have a Since the end of 2019, there What are the reflections negative impact in terms of sustainable has been a network dedicated to development are of a particularly serious sustainable development, bringing in progress on giving together around twenty agents from companies more nature. In the floor coverings case, it the investigation services of the predictability? sanctioned the companies that had cur- Autorité who conduct investigations tailed competition on the environmental within different units. Competition authorities still need performance of these products, conside- This cross-cutting network to gain expertise before they can has a three-pronged remit: ring that they had consequently seriously (i) discussing with the different adopt specific guidelines. However, harmed the interests of the consumer, at interlocutors who can provide it is not the case that companies a time when the consumer was becoming information to the Autorité on have no legal certainty at all in this sustainable development issues area. In many situations, they can increasingly aware of the environmental and the difficulties encountered; adopt positive practices in terms of dimension of products and was looking (ii) reflecting internally by exploringsustainable development that will to give preference to the most environ- the legal and economic issues that not pose any problems in the area may arise, in order to enhance of competition. In this regard, mentally friendly products. expertise and harmonise the they can refer to the Commission’s practices of the investigation numerous so-called "soft law" The seriousness of a given practice can services; texts, in particular the de minimis also result from the exploitation of a given (iii) acting by accompanying notice, the guidelines on horizontal the actors and by seeking out cooperation agreements for context, such as the current ecological litigation cases that have standardisation agreements crisis. This is a similar line of reasoning sustainable development aspects. in particular, and the horizontal that the Autorité adopted in 2018, in a Various investigations have already guidelines of 2001. In situations where the analysis case regarding practices implemented been launched. Some have been is not straightforward, companies in the distribution of veterinary medici- completed or are close to completion, others are still in progress. can also contact the Autorité, which nal products sector. It highlighted, with The investigation and the litigation will assist them in identifying the regard to the seriousness of the infrin- that may follow are at the heart of boundaries of their project with the work of the investigation regard to the competition rules. gement, the fact that the wholesale dis- ELISE PROVOST services, and they mobilise the tributors of medicines had (translated) Permanent rapporteur for network to a significant extent. "taken advantage of the health emergency the investigation services of the Autorité de la concurrence, Head of the working group in charge of sustainable development issues V I E W P O I N T