Competition Law Compliance and CSDDD – A Ticking Time Bomb?

For several decades, EU antitrust developed incrementally based on a widely accepted doctrinal orthodoxy, which arranged all participants by enabling global investment and trade. In recent years, doctrine has begun to deviate from the standard, mostly to take account of the world´s new complex multipolar geopolitics, with a touch of protectionism, industrial policy and politicization of enforcement. Regrettable or not it is the new reality. On the other hand, there are pressing challenges such as the one on climate, where a certain departure from orthodoxy might be more welcome but has not yet occurred. The future will tell.

By Bertold Bär-Bouyssiere & Paulina Brzezinska^[1]

“Why be unpleasant … when you can be obnoxious?”

Witold Gombrowicz

When CPI reached out for a contribution, we had just read the text of the new draft Corporate Sustainability Due Diligence Directive (“CSDDD”) and, with expertise only in competition law, spontaneously suggested the above topic. After all, what can poor kids do except play in a rock ‘n roll band? Now, as we strive to come up with something meaningful, we cannot promise anything – you will be our judge.

I. THE SUSTAINABILITY REVOLUTION

For several years, the world has been in the process of gradually awakening and increasing its awareness of all the important aspects of human life and dignity. This is a very important development as its proponents’ aspiration is to make the world a better, friendlier, less