Sustainability and Competition Global Practice Guide |
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Latvia |
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(Europe)
Firm
Ellex Klavins
Contributors
Liga Merwin |
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| Are ESG measures/sustainability agreements included in your jurisdictional competition regime? | No. |
| If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022? | Not at this time. |
| Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct? | No guidance has been made publicly available or issued internally by the competition authority. |
| Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG? | Yes, namely, Guidelines for Associations and their Members for Compliance on Competition Law regarding prohibited agreements (available [here] in Latvian). However, ESG is not specifically addressed. |
| Can parties seek specific guidance from authorities on proposed ESG initiatives? | Should such initiatives be proposed, guidance regarding ESG can be sought either by requesting a legally binding statement on the applicability and interpretation of the regulations or through formal or informal consultations by invoking the “Consult First” principle. |
| How, if at all, does your jurisdiction quantify or calculate the ESG effects? | ESG measures/sustainability agreements are not included in the Latvian competition regime. |
| What does your legal authority currently permit even if your agency is not yet active on this topic? | The Competition Law of Latvia is harmonized with the EU competition law regime, so the general principles allowing agreements and mergers which promote efficiencies benefiting consumers are in place. Most of the ESG/sustainability initiatives will probably not restrict competition at all, so will be permitted without being scrutinized by the competition authority. The ones that restrict competition can still be permitted insofar as it can be demonstrated such fulfill the efficiency criteria. |
| Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description. | There are no specific no precedents (judicature) yet. |
| Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation? | ESG measures/sustainability agreements are not included in the Latvian competition regime, thus, no such antitrust regulation is in force. |
Sustainability and Competition Global Practice Guide
No.
Not at this time.
No guidance has been made publicly available or issued internally by the competition authority.
Yes, namely, Guidelines for Associations and their Members for Compliance on Competition Law regarding prohibited agreements (available [here] in Latvian). However, ESG is not specifically addressed.
Should such initiatives be proposed, guidance regarding ESG can be sought either by requesting a legally binding statement on the applicability and interpretation of the regulations or through formal or informal consultations by invoking the “Consult First” principle.
ESG measures/sustainability agreements are not included in the Latvian competition regime.
The Competition Law of Latvia is harmonized with the EU competition law regime, so the general principles allowing agreements and mergers which promote efficiencies benefiting consumers are in place. Most of the ESG/sustainability initiatives will probably not restrict competition at all, so will be permitted without being scrutinized by the competition authority. The ones that restrict competition can still be permitted insofar as it can be demonstrated such fulfill the efficiency criteria.
There are no specific no precedents (judicature) yet.
ESG measures/sustainability agreements are not included in the Latvian competition regime, thus, no such antitrust regulation is in force.