2024 was a year marked by significant transformation in the realm of competition law, heralded by the commencement of Teresa Riberna's mandate on 1 December. Riberna arrives in her new role with a wealth of experience and deep expertise in climate change and energy policy, which we can expect to influence the direction of European Commission in 2025, building upon the existing momentum that has been cultivated in recent years, in addressing environmental sustainability issues within the framework of competition law enforcement. This shift is not merely a trend but a necessary evolution in response to the growing urgency of climate-related challenges that impact the economy and society at large.
The Australian Competition and Consumer Commission (ACCC) has already set a precedent with its landmark merger decision that recognised sustainability efficiencies as a valid justification for approving a merger that otherwise raised significant competition concerns, in the case of the Brookfield and MidOcean/Origin deal. This approach contrasts with the current stance observed in the European Union, where, despite the publication of a merger briefing on sustainability aspects of EU merger control in 2023, there remains a noticeable absence of such a progressive approach to sustainability efficiency arguments. However, with Riberna at the helm, there is a hopeful expectation that 2025 may usher in a more assertive stance on these issues, potentially paving the way for a more integrated view of sustainability within the EU's competition policy framework.
It is important to note that climate change is not the sole sustainability concern occupying the European Commission's agenda. The Commission is also increasingly focused on social sustainability, particularly as it pertains to labor market dynamics. This dual focus illustrates a comprehensive approach to sustainability that encompasses both environmental and social dimensions. Currently, the European Commission is actively investigating several cases related to alleged no-poach agreements, which have raised serious concerns about labor market competitiveness and employee mobility. The Commission's commitment to these issues is underscored by its recent dawn raids at various companies engaged in the market for data centre construction, signaling a robust enforcement strategy aimed at ensuring fair labor practices alongside competitive market conditions.
Looking ahead to 2025, it is clear that digital markets will continue to be a focal point for regulatory scrutiny and enforcement actions. We can anticipate a series of enforcement actions aimed at curbing anti-competitive practices in the digital realm, under the now commenced Digital Markets Act (and the Digital Services Act). The European Commission's determination to address the challenges posed by digital platforms and to foster a competitive and fair digital economy will likely remain its key priority in 2025.
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