Companies often point out that there is a tension between sustainability and antitrust/competition. They argue that European Union (EU) – and EU Member States’ national – competition rules hamper competitor cooperation and innovation regarding sustainability because such rules prohibit arrangements that companies believe are necessary.

On June 1, 2023, the European Commission (…

“Green bonds”[1] have seen a steady increase in recent years, with over $500 billion in green bonds issued in 2022. However, there is some debate over whether all of these bonds were issued for activities that were in fact “green”.

To prevent “greenwashing”,[2] the EU Commission proposed a new regulation that creates standards…

According to recent studies, environmental, social, and governance (ESG) is a key value driver of real estate investments.

Both investors and lenders are increasing their focus on ESG, not only because it may be part of their core values or to meet governmental obligations, but also because the sustainability performance can have a financial…

EU law requires certain large companies to disclose non-financial information on the way they operate and manage social and environmental challenges. The current disclosure regime was introduced in 2014 by Directive 2014/95/EU. Recently, the European Commission conducted a review of the NFRD rules, which showed strong support for mandatory sustainability reporting standards but also highlighted…

There is a global trend to move capital to more sustainable economic activities. To ensure that capital is moved to the desired activities, several questions arise:

  • What is sustainable?
  • How is “greenwashing” prevented?
  • How is materiality of environmental, social, and corporate governance (ESG) issues determined?
  • Who must disclose and how?

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