Virtual

Navigating the Interplay of Sustainability and Competition Law

12 May 2023

Location: 1.00pm - 2.00pm | UK Time Virtual Event (Zoom)
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Navigating the Interplay of Sustainability and Competition Law

Highlights

ESG continues to gain prominence as companies look to comply with reporting requirements and increasingly recognise the positive returns to investment in this area. Companies may look to collaborate with their peers, for example through setting industry standards in relation to certain ESG issues or cooperating to tackle key risks in their sector. Whilst there are obvious benefits to this, this collaboration could also lead to a potential lessening of competition. As such, Competition Authorities are beginning to issue detailed guidance on the interplay between competition law and sustainability agreements / collaborations among competitors on ESG initiatives.

  • How might a focus on ESG lead to collaboration between companies?
  • What are the benefits from this?
  • How might this collaboration harm competition?
  • What is being proposed by Competition Authorities?
  • Does the Competition Authority’s guidance appropriately recognise the imperative of focussing on the ESG agenda and will it hinder ESG investment and change e.g. climate change
  • How does Competition guidance fit with the Securities litigation claims that we are increasingly seeing – is that a better deterrence?

Our Panel of Experts:

Michael Grenfell
Executive Director, Enforcement
Competition and Markets Authority (CMA)

Dr Michael Grenfell is an Executive Director on the Board of the Competition and Markets Authority – the UK’s primary competition and consumer agency – where he is responsible for enforcement of competition and consumer laws.  He joined the CMA in January 2014, and moved to his current position in July 2015.  Before he joined the CMA, he was a solicitor in private practice for 25 years, specialising in UK and EU competition law, including, from 1998 to 2013, as a Partner at the international law firm Norton Rose Fulbright.  He has written and broadcast widely on competition, regulatory and consumer issues, and was co-author of Coleman and Grenfell on The Competition Act 1998 (OUP).  He has an M.A. in history and law from Cambridge University, and a Ph.D in political thought from the London School of Economics.

His responsibilities include being the senor sponsor of the CMA’s Sustainability Taskforce.


Michael Grenfell
Michael Grenfell Executive Director, Enforcement
Competition and Markets Authority (CMA)
Schellion Horn
Partner, Economic Consulting
Grant Thornton

Schellion Horn is a Partner in Grant Thornton’s Economic Consulting team. A postgraduate economist by training, she has over 20 years of experience providing regulatory and competition economic advice.

Her focus is on advice and expert testimony in the context of competition abuses and damages including class actions. Schellion has a particular interest in ESG including calculating the returns from investment in ESG activities and is increasingly engaged in ESG shareholder disputes including securities litigation.


Schellion Horn
Schellion Horn Partner, Economic Consulting
Grant Thornton
James Hennah
Dispute Resolution Partner
Linklaters

James has extensive experience acting on behalf of corporate and financial services institutions in connection with the defence of group litigation and class actions, and in connection with contentious competition.

James’s work defending clients against group litigation covers a variety of topics, including allegations concerning ESG, financial misconduct and competition law. James is instructed on some of the most complex and high-profile disputes in this area, in particular where those disputes involve cross-jurisdictional elements.

James has a particular depth of expertise in connection with disputes concerning allegations of breaches of competition law, having been, and continuing to be, involved in many of the key cases before the English courts over the last decade as this area of litigation has emerged in England.


James Hennah
James Hennah Dispute Resolution Partner
Linklaters
Professor Stefan Thomas

University of Tübingen

Stefan Thomas is a full professor at the Law Faculty of the University of Tübingen, Germany. He holds the chair in Private Law, Business Law, Competition and Insurance Law, he is a director at the Tübingen Institute on the Determinants of Economic Activity (TRIDEA), and a Member of the International Advisory Board of the Institute for Global Law, Economics and Finance, Queen Mary University of London. Stefan is an award-winning author and specializes in European and German antitrust law and related matters of energy regulation. A recent stream of his work has delved into the dealings with sustainability in antitrust from a legal-economic perspective. This interdisciplinary work with economist co-authors emerged from his fellowship at the Center for Advanced Studies on the Foundations of Law and Finance at the Goethe University Frankfurt. 


Professor Stefan Thomas
Professor Stefan Thomas
University of Tübingen

Agenda

12:55pm
Audience Logon
1:00pm
Chair's Opening Remarks
Speakers:
Schellion Horn - Partner, Economic Consulting - Grant Thornton
1:05pm
Navigating the Intersection of Sustainability and Competition Law
Speakers:
Michael Grenfell - Executive Director, Enforcement - Competition and Markets Authority (CMA)
Schellion Horn - Partner, Economic Consulting - Grant Thornton
James Hennah - Dispute Resolution Partner - Linklaters
Professor Stefan Thomas - - University of Tübingen
1:45pm
Panel Q&A
2:00pm
Chair's Closing Remarks and Summation of Event
Speakers:
Schellion Horn - Partner, Economic Consulting - Grant Thornton

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