Chicago Tribune (Sunday)

How sustainabl­e fashion could run afoul of antitrust regulators

- By Ephrat Livni

At New York Fashion Week, a biannual celebratio­n of luxury and consumptio­n, designers show their collection­s and set the trends for the season ahead. Also in the spotlight were questions about the industry’s environmen­tal destructiv­eness.

Sustainabi­lity was a theme for many designers in the shows and for the event’s organizer, the Council of Fashion Designers of America, which has pledged to achieve a net-zero goal by 2050.

But “sustainabl­e fashion” is a contradict­ion, The New York Times’ DealBook Newsletter reports. Being “green” in fashion would mean designers and retailers would produce less — and yet companies that band together to advance such goals may run into trouble with antitrust regulators.

In June, Reuters reported that a series of raids by European Union antitrust authoritie­s on fashion houses was connected to companies’ discussion­s of limiting sales for sustainabi­lity. The European Commission has not named the companies involved or commented further on the purpose of the raids.

“There are emerging tensions between ESG and antitrust,” said William Kovacic, a former Federal Trade Commission chair, referring to environmen­tal, social and governance goals. “A vocal group of commentato­rs say antitrust enforcemen­t treats cartels very harshly, and that unduly inhibits firms from pursuing environmen­tal and social goals.”

Now, some environmen­tal activists and industry advocates are pushing for a reassessme­nt of competitio­n policy, said Kovacic, a professor at the George Washington University Law School.

Some designers and retailers have proposed overhaulin­g the fashion calendar to reduce waste, limiting sale periods and changing the length of seasons.

But those types of agreements risk violating antitrust rules that bar competitor­s from collaborat­ing to fix prices and reduce production. This tension between environmen­tal consciousn­ess and competitio­n policy is being felt across sectors.

Regulators in the Netherland­s are updating antitrust rules amid the growing interest in net-zero carbon emissions. Recently, authoritie­s endorsed rules to encourage sustainabl­e agricultur­e, which would involve greater collaborat­ion among farmers, wholesaler­s and supermarke­ts.

“Sometimes I see a certain degree of restraint” by companies that fear breaking the law, said Martijn Snoep, chair of the Dutch competitio­n regulator, adding that cooperatio­n within an industry or along the supply chain is often “not at odds with the competitio­n rules.”

Last year, Snoep proposed an approach that was broader than that of the EU: “We see opportunit­ies for competitor­s to work together, especially when combating the climate crisis.”

But there is a potential hitch in rewriting the rules. “The more ambiguous the standard, the more likely businesses will take liberties,” Kovacic said.

Some antitrust authoritie­s say competitio­n policy should consider more varied corporate objectives. Still, it’s not clear that enforcers are contemplat­ing loosening cartel rules for the good of the planet.

The FTC declined to comment; the Justice Department did not immediatel­y respond to a request for comment.

 ?? CALLA KESSLER/THE NEW YORK TIMES ?? Models walk Sept. 11 at the Luar runway show during New York Fashion Week, where sustainabi­lity was a theme for many of the designers.
CALLA KESSLER/THE NEW YORK TIMES Models walk Sept. 11 at the Luar runway show during New York Fashion Week, where sustainabi­lity was a theme for many of the designers.

Newspapers in English

Newspapers from United States