Global antitrust sustainability heatmap

General position of the Competition Authority: Competition and consumer concerns related to sustainability are a continuing focus of the Australian Competition and Consumer Commission ("ACCC"). Reflecting the continuing impact of Australia's commitment to net zero across the economy, the ACCC retained consumer, fair trading and competition concerns relating to environmental claims and sustainability as a high enforcement priority for 2026-2027, with a focus on greenwashing.  

Guidance on sustainability collaborations: In December 2025, the ACCC published updated guidance on the interaction between Australian competition law and sustainability cooperations. The guide primarily focusses on "sustainability collaborations", meaning "discussions, agreements or other practices amongst businesses which are aimed at preventing, reducing, or mitigating the adverse impact that economic activities have on the environment". The guide aims to aid businesses' understanding of competition law risks that may arise when collaborating with other entities to achieve positive sustainability outcomes. It also provides an overview of when and how to seek an exemption from the ACCC (either by way of class exemption notice, notification or authorisation). 

ACCC's authorisation of sustainability cooperations and mergers based on the public benefit test: The ACCC administers an ex-ante approval procedure, whereby the ACCC may provide statutory protection from legal action against restrictive trade practices that may reduce competition if there is a net public benefit. The statutory authorisation test applied by the ACCC enables it to take a broad range of sustainability benefits into account as part of the assessment of an application. As noted by the ACCC in its guide, "there is no requirement that the public benefits from an agreement flow back to the consumers that are impacted by that agreement". This allows the ACCC to account for sustainability benefits that flow to society generally with a particular focus on public benefits to Australians.

Examples of sustainability initiatives considered by the ACCC include where a levy was authorised for schemes promoting recycling and environmentally conscious disposal, such as the Battery Stewardship Scheme, Tyre Stewardship Scheme, and a paint collection and disposal scheme.

The ACCC has also recognised the environmental benefit of the reduction of greenhouse gas emissions, noting in its guide that such reductions are "highly valuable and important to Australians in the context of the need to reduce greenhouse gas emissions to assist in global efforts to avoid the most severe impacts of climate change". Such recognition was demonstrated in the ACCC's authorisation of Brookfield and EIG Partners' proposed joint acquisition of Origin Energy. The decision was notable as the ACCC concluded that the proposed transaction substantially lessened competition but authorised it on public benefit grounds, namely the investment commitment to accelerate Australia's renewable energy transition. Similarly, the ACCC has granted authorisation for:

(i)  the Barwon Region Renewable Energy Project, a Western Australian Local Government Association energy group, and Equinix Australia, which in each case created joint, renewable energy purchasing groups to pool electricity demand and jointly tender for Power Purchasing Agreements;
(ii) collective bargaining for waste disposal in respect of a renewable organics network project; and
(iii) joint purchasers to discuss, negotiate and exchange information  with respect to a large-scale renewable wind energy project.

More generally, the ACCC has considered environmental benefits when granting a number of recent authorisations to local councils for the collective tendering of Food Organics and Garden Organics (FOGO) collection services and processing. In March 2026, the ACCC granted authorisation to two councils located in the Hunter Region to jointly procure FOGO processing services. The councils were required to implement FOGO collection service under the NSW Waste and Sustainable Material Strategy. In February 2025, the ACCC granted conditional authorisation to Coles and current and future supermarket participants to continue engaging in the Soft Plastics Taskforce established in 2022, allowing them to collaborate in managing stockpile and operate the instore collection program. The authorisation was held to be in the public interest due to need to divert soft plastics from landfills. 

ASIC's focus on greenwashing practices: The Australian Securities & Investments Commission ("ASIC"). 

commenced its first court proceedings alleging greenwashing conduct in February 2023. In civil penalty proceedings commenced in the Federal Court against Mercer Superannuation (Australia) Limited, ASIC alleged Mercer made misleading statements about the sustainable nature and characteristics of some of its superannuation investment options. Judgment was delivered in August 2024, with Mercer found liable and ordered to pay a $11.3 million penalty.

This was followed by the commencement of proceedings against Vanguard Investments Australia in July 2023. ASIC alleged Vanguard engaged in misleading conduct in relation to claims about certain ESG exclusionary screens applied to investments in a Vanguard fund. Judgment was delivered in September 2024, resulting in a landmark $12.9 million penalty for Vanguard.

Proceedings were also commenced against LGSS Pty Ltd ("Active Super") in August 2023, alleging ESG misrepresentations were made on Active Super's website and disclosure documents, plus its Facebook, Instagram and LinkedIn accounts, relating to claims it was an ethical and responsible superannuation fund. LGSS was found liable, with a penalty yet to be determined.

In October 2025, ASIC commenced civil penalty proceedings against Fiducian Investment Management Services Limited (FIMSL), alleging that the Fund's product disclosure statement contained misleading ESG-related representations and that FIMSL breached its duties under the Corporations Act 2001 (Cth) in failing to monitor and review the investments. In March 2026, the case settled, with FIMSL agreeing to a pecuniary penalty of AUD$7.3 million.

ASIC has published an information sheet (Info 271) providing guidance how to avoid greenwashing when offering or promoting sustainability-related products.

ACCC's monitoring of greenwashing: ACCC continues its focus on environmental claims and sustainability in its Compliance and Enforcement Priorities for 2026-2027. First introduced as a priority in 2022-2023, the ACCC has indicated that it will focus on greenwashing in the year ahead, recognising the substantial impact this conduct has on consumer trust and engagement.

In December 2023, the ACCC published guidance on the application of the Australian Consumer Law ("ACL") to environmental and sustainability claims, including best practice for businesses to avoid misleading environmental and sustainability claims. The guidance contains eight principles supported by examples to guide businesses as to what the ACCC views as acceptable or otherwise. Broadly, the examples indicate that the ACCC sees a need for greater specificity in environmental claims and will not tolerate broad brush statements or representations that are only partially true. For example, rather than making blanket statements like "green energy", an energy company should clarify what aspect is "green", such as "100% wind-generated electricity". The guidance follows an internet sweep conducted by the ACCC in October/November 2022 to identify misleading environmental and sustainability marketing claims. The ACCC published its findings in March 2023. The sweep reviewed 247 businesses and found 57% made "concerning" environmental claims, including:

(i)    using vague or unclear environmental claims;
(ii)    not providing sufficient evidence for their claims; 
(iii)    setting environmental goals without clear plans for how these will be achieved; and
(iv)    using third-party certifications and symbols in a confusing way.

In publishing its final guidance, the ACCC reissued its previous public warning for businesses to be prepared to substantiate their environmental claims, as false or misleading claims undermine consumer trust and confidence in the market. 

In November 2023, the ACCC accepted a court-enforceable undertaking from MOO Premium Foods Pty Ltd ("MOO"), a yoghurt manufacturer, after investigating its claims that its yoghurt tubs were made from "100% ocean plastic". Despite disclaimers, the ACCC found MOO's representations were misleading and likely contravened the ACL as the plastic used was sourced from coastal areas in Malaysia and not directly from the ocean. MOO agreed to remove the misleading claims, commit to conducting internal audits and implement an ACL compliance programme.

In April 2024, the ACCC commenced proceedings against Clorox Australia Pty Ltd (Clorox), the manufacturer of GLAD-branded kitchen and garbage bags, alleging Clorox made false or misleading representations that the certain kitchen and garbage bags were made of 50% recycled "ocean plastic", when that was not the case.  Clorox discontinued the products in July 2023 after becoming aware that the ACCC had commenced investigations. In April 2025, the Federal Court ordered a penalty in the sum of AUD$8.25 million, with Clorox admitting liability. Commenting on the case, the ACCC emphasised its commitment to ongoing monitoring of claims made by businesses, noting that it takes allegations of greenwashing very seriously.  

In 2026, the ACCC has continued to pursue action against alleged greenwashing commencing two proceedings at the end of 2025 for false or misleading claims. In the first, against Edgewell Personal Care, the ACCC alleges false or misleading claims were made with respect to sunscreen product being reef friendly. The ACCC has also instigated proceedings against Australian Gas Networks for false or misleading claims in gas advertising.

White & Case Contacts:

Stefanie Benson, Partner, Sydney

Guidelines on Horizontal Merger Review 2024: In December 2024, China's State Administration for Market Regulation ("SAMR") officially released the final version of its Guidelines on the Review of Horizontal Mergers (the "Guidelines"), which came into effect on the same day. Pursuant to the Guidelines, if it can be proven that a transaction has a positive impact on, amongst others, environmental protection, even if the transaction may have the effect of eliminating or restricting competition, it may not be prohibited. It remains to be seen how this defence will work in practice. 

An exemption under the Anti-Monopoly Law 2022: Under the law, undertakings may benefit from an exemption when concluding horizontal agreements or RPM agreements, or when providing material assistance to the conclusion of such agreements by other undertakings. This is if they can demonstrate that the agreements are aimed at achieving energy savings, environmental protection, disaster relief, and such other public interests. To qualify for an exemption under efficiency grounds, the applicant has to show that the agreement concluded will not seriously restrict competition in the relevant market and that it will enable consumers to share the resulting benefits. There are no available cases yet where an otherwise anti-competitive agreement was successfully defended on this basis.

Auto-industry guidelines 2019: New electric vehicles manufacturers may benefit from an exemption for Resale Price Maintenance ("RPM") agreements for an introductory period. SAMR suggested a promotional period of nine months, although the time limit is subject to adjustments based on actual industrial and technological developments.

General position of the competition authority: Achieving sustainability is one of the important issues for Japan, and the Japan Fair Trade Commission (the "JFTC") considers the realisation of a green society to be one of the important issues from the perspective of competition policy. As part of this, the JFTC formulated the guidelines and updates them as necessary. It also set up a pre-consultation service desk focusing on green related issues. 

Green Guidelines: The achievement of a green society is high on the JFTC's agenda. On 24 April 2024, the JFTC published the Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society Under the Antimonopoly Act ("Green Guidelines"), that was originally formulated on 31 March 2023. In cases where efforts by businesses are expected to have both pro- and anti-competitive effects, the JFTC will consider whether such efforts violate the Anti-Monopoly Act ("AMA"). The JFTC will comprehensively review the pro- and anti-competitive effects arising from such efforts, taking into consideration (a) the rationality of purpose, and (b) the reasonableness of means (e.g. whether there are other less restrictive alternative means). The Green Guidelines recognise, in many cases, initiatives by businesses aimed at realising a green society does not restrict fair and free competition among businesses; rather, they have the effect of promoting competition—such as by fostering new technologies and superior products—and are expected to bring benefits, such as reductions in greenhouse gas emissions, to general consumers as well. For this reason, initiatives by businesses aimed at realising a green society generally do not raise issues under the AMA. Further, the Green Guidelines explain that the term "pro-competitive effect" refers to the creation of new technologies, products, markets, etc., as a result of initiatives undertaken by businesses, thereby promoting competition amongst businesses; this is sometimes also referred to as an efficiency improvement. "Superior products" may include products that contribute to greenhouse gas reductions during the production or use of the product itself, or during the production or use of the final product into which the product is incorporated as a component. 

Consultation cases: As stated in the Green Guidelines, the JFTC encourages businesses to consult with it in advance if they have any concerns related to the AMA when implementing initiatives aimed at realising a green society. The JFTC publishes the guidance it provided in consultations – after anonymising the information as necessary – when it believes such guidance may be useful to other companies. Of the nine consultation cases the JFTC published in FY2025 compilation, three cases are related to the Green Guidelines. One of those cases involves a transportation equipment manufacturer, with the aim of promoting the widespread adoption of transportation equipment that contributes to the realisation of a green society, providing funds to retailers who sell fuel effective in reducing greenhouse gas emissions from such equipment, so that the retailers can offer discounts on the retail price of that fuel, and conducting a demonstration project to verify the effectiveness of those discounts. As stated in the Green Guidelines, the JFTC recognises that, since this initiative is expected to reduce greenhouse gas emissions, it is consider to have effects that promote competition, such as the creation of new technologies and advanced products. 

Sector inquiries: The JFTC conducts sector inquiries in various areas. For example, on 29 May 2024, the JFTC published the Second Market Study Report on Electric Vehicle (EV) Charging Services. On 16 October 2023, the JFTC published the Market Study Report on the Recycling of Used Plastic Bottles. In a nutshell, the message is that the JFTC will enforce the AMA when it finds antitrust concerns.

White & Case Contact

Takako Onoki, Counsel Tokyo

General position of the Competition Authority: The Commerce Commission of New Zealand ("NZCC") recognises the importance of business collaborations to meeting New Zealand's climate change commitments and sustainability goals, demonstrated by the Collaboration and Sustainability Guidelines issued by the NZCC in late 2023.

NZCC's authorisation of sustainability cooperations and mergers based on the public benefit test: New Zealand's law enables the NZCC to authorise a merger, acquisition or contractual arrangement that otherwise substantially lessens competition in a market if the benefits to the public outweigh the detriments (the "public benefit test"). Whilst economic efficiencies are a typical example of relevant benefits, the New Zealand courts have recognised benefits beyond economic efficiencies when assessing the public benefit test, including "environment, health or social welfare" benefits. The NZCC has previously considered benefits such as "reduced pollution or other environmental improvements" and detriments such as "adverse effects on the environment" in its assessment.

Exception to cartel prohibition for cooperations between competitors: Section 31 of the Commerce Act provides an exception to the cartel prohibition for "collaborative activities" between competitors (such as joint ventures) that are not for the dominant purpose of lessening competition between the competitors, provided that any cartel provisions that are part of the collaboration are reasonably necessary for that legitimate purpose. This exception does not provide protection from the prohibition on arrangements that substantially lessen competition in a market (only from the cartel prohibition). However, following the Commerce Amendment Act 2022, but such arrangements can now be authorised by the NZCC if the benefits to the public outweigh the detriments (as described above).

Collaboration and Sustainability Guidelines: In November 2023, the NZCC issued guidance for businesses considering collaborating with their competitors to reach joint sustainability goals. The guidelines recognise that, as businesses consider their response to New Zealand's climate change and sustainability goals, competitor collaboration may sometimes be necessary to overcome the challenges that individual businesses may face. The guidelines set out the factors that the NZCC may consider when assessing collaboration between competing businesses for sustainability objectives.

NZCC's decisional practice: The NZCC has recognised sustainability benefits in several authorisation decisions to date, for example, in Refrigerant License Trust Board and Nelson City Council and Tasman District Council. However, in Nelson City Council and Tasman District Council, the NZCC, whilst recognising environmental benefits, did not consider these benefits to be determinative in its final decision. The NZCC noted in its December 2020 "Sustainability and Competition" submission to the Organisation for Economic Co-operation and Development ("OECD") that "generally, these benefits were unable to be quantified and did not materially affect the NZCC's final determination". This demonstrates that it may be difficult to rely on environmental benefits alone to justify authorisation where an arrangement has the effect of substantially lessening competition in a market (but the weighing of environmental benefits against competition detriments will always be fact-specific in any given case).

NZCC's focus on greenwashing: The NZCC has in place 'Environmental Claims Guidelines' for businesses to understand their obligations when making environmental claims or 'green marketing'. The guide includes specific criteria to follow, such as substantiating any green claims made and being specific in the information provided to consumers. 

In its 2022 Annual Report, published on 7 February 2023, the NZCC reported that it had issued warnings after investigations into environmental and sustainability claims by Glopac and Chilltainers. The warnings led to a change in their marketing, packaging and information approach. Representations as to recycling were made on hot drink cups (Glopac) and cardboard food packaging (Chilltainers) but the products could not be recycled in New Zealand in either situation.

The NZCC has conducted both general and targeted compliance projects on environmental claims in recent times, including a fashion sector review which resulted in compliance advice being issued to 37 businesses. In August 2025, it warned Kmart for making an unsubstantiated claim in relation to the source of cotton used in their clothing, claiming that it is "100% sustainably sourced cotton". Kmart has since removed the claim and has committed to providing compliance training to its staff members.

White & Case Contacts:

Stefanie Benson, Partner, Sydney

General position of the Competition Authority: The Competition and Consumer Commission of Singapore ("CCCS") recognises that realising Singapore's environmental sustainability goals may involve businesses, and potentially competitors, collaborating in existing, emerging or new markets, in pursuit of such environmental sustainability objectives, and has published guidance to provide clarity on how it will assess such collaborations.

Guidance Note on Business Collaborations: In March 2024, the CCCS issued a Guidance Note on Business Collaborations Pursuing Environmental Sustainability Objectives ("Guidance Note"), which aims to provide greater clarity to businesses on how the CCCS will assess collaborations pursuing environmental sustainability objectives, so that they can safely collaborate without harming competition.. Environmental sustainability objectives refer to objectives related to reducing or mitigating negative environmental impact, such as climate change mitigation measures, improving air and water quality, efficient use of natural resources, and biodiversity preservation.

The CCS considered its first case under the streamlined process outlined in its Guidance Note in January 2025. The CCS assessed the joint establishment and operation of the Beverage Container Return Scheme ("BCRS") Ltd. by Coca-Cola Singapore Beverages Pte. Ltd., F&N Foods Pte Ltd and Pokka Pte. Ltd. ("Scheme"). The CCS found that the Scheme was unlikely to infringe sections 34 (Agreements, etc., preventing, restricting or distorting competition) and 47 (Abuse of dominant position) of the Competition Act 2004. The BCRS Scheme officially commenced on 1 April 2026, permitting individuals to return certain pre-packaged beverages in plastic and metal containers at designated return points for a refundable deposit of $0.10.

Anti-competitive agreements may qualify for the Net Economic Benefit Exclusion: The Guidance Note sets out three types of agreements: (i) agreements that are unlikely to raise competition concerns; (ii) agreements where competition concerns are less likely to arise if certain conditions are met; and (iii) agreements which may be problematic from competition law perspective. The agreements which give rise to competition concerns may still qualify for the Net Economic Benefit Exclusion; provided that: (i) the agreement leads to economic benefits; (ii) these economic benefits cannot be achieved without the agreement and any restrictions in it; and (iii) competition is not eliminated in a substantial part of the market.

Notification process: If businesses want to have more certainty to make sure their agreement does not infringe competition law, they can notify the CCS for guidance or decision as to whether  the collaborations pursuing environmental sustainability objectives is likely to infringe or has infringed the Competition Act.

Greenwashing and misleading claims: In October 2025, the CCS issued a Guide on Quality-Related Claims, to help businesses make clear and accurate product claims. This was developed in response to concerns about greenwashing and recent enforcement activity against businesses found to have made misleading claims. Importantly, it sets out five guiding principles: (i) claims should be true and accurate; (ii) claims should be clear and easily understood; (iii) claims should be meaningful; (iv) claims should be accompanied by material information; and (v) claims should be supportable by evidence.

In February 2025, the Taiwan Fair Trade Commission established the Guidelines on Concerted Action for Environmental Sustainability. The purpose of the guidelines is to help businesses help their sustainability initiatives without breaching competition law. The guidelines include practical examples to help businesses to assess compliance risks. In November 2025, the TFTC applied the Guidelines for the first time, conditionally approving a five-year joint procurement of renewable energy by Dell Global B.V. and 11 of its Taiwan supply-chain partners - the TFTC’s first concerted-action exemption granted specifically on sustainability grounds. The approval is subject to conditions, including a ban on exchanging competitively sensitive information and a requirement to report regularly to the TFTC.