An article titled “SDGs/ESG and the Antimonopoly Act ~ Summary of Efforts to Reduce Greenhouse Gas Emissions ~,” written by Kenji Sarukura, was posted on “BUSINESS LAWYERS.”
Table of Contents
(1) Changing product specifications for reducing greenhouse gas emissions and maintaining the current prices
1. Business efforts for SDGs/ESG
2. 2023 Guidelines under the Antimonopoly Act (Green Guidelines)
3. Setting specifications for the purpose of reducing greenhouse gas emissions and burden of increased cost
4. Cases where determination of trading value results in breach of the Antimonopoly Act (abuse of superior bargaining position)
(2) Rigid application of voluntary standards for reducing greenhouse gas emissions and anticompetitive effect
1. Setting voluntary standards for the purpose of promoting reduction of greenhouse gas emissions
2. Cases where setting voluntary standards results in breach of the Antimonopoly Act
(3) Supplying goods only to distributors that comply with the greenhouse gas reduction criteria
1. Restricted distribution for the purpose of promoting reduction of greenhouse gas emissions (selective distribution)
2. Cases where selective distribution results in breach of the Antimonopoly Act
(4) Termination of business with enterprises that fail to comply with the greenhouse gas reduction criteria
1. Refusal of transactions aiming at promoting reduction of greenhouse gas emissions
2. Cases where refusal of transactions results in breach of the Antimonopoly Act (individual refusal)
3. Cases where abuse of superior bargaining position is questioned
(5) Obligation to reduce emissions and reporting system under the ordinances of the Tokyo Metropolitan Government and other municipalities on decarbonization and global warming countermeasures
1. Municipalities’ efforts to achieve “carbon neutrality by 2050”
2. Tokyo Metropolitan Government Environmental Security Ordinance (obligation to reduce greenhouse gas emissions/emissions trading scheme)
https://www.businesslawyers.jp/white-papers/194