News & Analysis as of

Antitrust Provisions Climate Change Environmental Social & Governance (ESG)

Morrison & Foerster LLP

2025 ESG + Sustainability Predictions

In 2024, challenges to environmental, social, and governance (ESG) and sustainability initiatives in the United States proliferated internationally. This proved true, even as Europe promoted additional ESG and climate/social...more

DLA Piper

Horizon - ESG Regulatory News and Trends - December 2024

DLA Piper on

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more

Hogan Lovells

Paving the green road: Dutch asphalt makers smooth the path for sustainability

Hogan Lovells on

The Dutch Authority for Consumers and Markets (ACM) approved a sustainability initiative by Bouwend Nederland promoting a shift from Hot Mix Asphalt (HMA) to the more eco-friendly Warm Mix Asphalt (WMA), emphasizing...more

Hogan Lovells

Part II – ESG and Antitrust Law – Future prospects and practical guidance

Hogan Lovells on

Despite numerous national initiatives and updated EU Guidelines aimed at facilitating sustainability collaborations, significant legal uncertainties persist, especially for international ESG alliances. So the question...more

Morgan Lewis

Climate Risks and Antitrust: The Policy and Politics of ESG Collaborations

Morgan Lewis on

Hotly contested across party lines—and often borders—environmental, social, and governance (ESG) standards were the focus of recent dueling reports by the US House Judiciary Committee. Despite the deepening debate, what...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2024

Artificial intelligence is not just about chatbots. Increasingly, it is used by government for enforcement, and boards need to prepare for that, just as they need to get ready for upcoming climate disclosure requirements....more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights Special Edition: Women’s History Month

Celebrating Women’s History Month, we present a special edition of our quarterly Insights publication, highlighting the talent and insights of women at Skadden. The issue spotlights their authorship on such topics as the...more

A&O Shearman

Environmental sustainability agreements: final UK guidance to cooperating competitors

A&O Shearman on

The UK Competition and Markets Authority (CMA) has published its final Green Agreements Guidance on how UK antitrust rules apply to green cooperation agreements between competitors (UK Green Guidance). The UK Green Guidance...more

Jenner & Block

Client Alert: Antitrust and ESG—How to Stay Ahead of the Game

Jenner & Block on

On May 15, 2023, 22 state attorneys general sent a letter to several insurance companies warning that the companies’ Environmental, Social, and Governance (ESG) policies may violate the antitrust laws. Just six weeks earlier,...more

Latham & Watkins LLP

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

Latham & Watkins LLP on

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. Key Points: ..ESG investing initiatives are not...more

Cadwalader, Wickersham & Taft LLP

Republican AGs Target 53 Large Asset Managers' ESG Practices

On March 30, 2023, 21 Republican Attorneys General (AGs) wrote a letter addressed to over 50 U.S. asset managers citing “concerns about the ongoing agreements between asset managers to use Americans’ savings to push political...more

A&O Shearman

Decarbonisation disputes: the evolving frontier of climate-related risk

A&O Shearman on

The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

Mintz

Antitrust Practitioners Expect Activity With Climate Issues

Mintz on

As we have noted previously, a number of Republican politicians had previously identified antitrust law as a potential counter to ESG efforts, particularly if companies began to coordinate a response to climate change. Even...more

Cadwalader, Wickersham & Taft LLP

United Kingdom Competition Authority Announces Support for Climate Change Agreements Among Competitors

In a recent speech to the Scottish Competition Forum, Sarah Cardell, newly installed Chief Executive of the UK’s Competition Markets Authority (CMA), laid out her vision for analyzing agreements among competitors that foster...more

Cadwalader, Wickersham & Taft LLP

Regulation: Republican House Judiciary Committee ‘launch investigation’ into Climate Action 100+

Republican members on the House Committee on the Judiciary have written a letter to the steering committee members of Climate Action 100+, Ceres and CalPERS, requesting documents and seeking information regarding antitrust...more

Latham & Watkins LLP

6 Sustainability Takeaways in EU Antitrust & Regulatory - December 2022

Latham & Watkins LLP on

Latham lawyers highlight key takeaways and developments in the sustainability space from the second half of the year. ...more

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