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Environmental Social & Governance (ESG) Antitrust Provisions

Jones Day

EU Commission Signs-off on ESG Related Competitor Collaboration

Jones Day on

The European Commission has issued its first-ever informal approvals of two separate sustainability initiatives among rivals under its revised Informal Guidance Notice and provided guidance on how the companies in question...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

Mayer Brown on

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

Akerman LLP

Antitrust Concerns About ESG Investing Are Not Going Away

Akerman LLP on

For the last several years, investor activism to further environmental, social, and governance (ESG) goals has faced significant antitrust scrutiny in the United States. This scrutiny reached a new level in June 2024 when the...more

Cozen O'Connor

The State AG Report – 03.27.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Pen Fiery Letter About Coal to Interior...more

A&O Shearman

Antitrust regulators diverge on treatment of sustainability

A&O Shearman on

In 2024, regulators across the globe increasingly acknowledged the need for a nuanced enforcement approach to balancing support for sustainability initiatives against traditional antitrust enforcement and countering the risk...more

Axinn, Veltrop & Harkrider LLP

Growing Role of Texas In Driving US Antitrust Policy

Texas Attorney General Ken Paxton’s office has long been a significant player in antitrust enforcement. It has been an active enforcer in the technology industry, and has used antitrust as a tool to push back on corporate ESG...more

Axinn, Veltrop & Harkrider LLP

Antitrust Enforcement in Energy M&A in the Trump Era — 4 Issues to Watch

As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more

Skadden, Arps, Slate, Meagher & Flom LLP

Trump 2.0 Antitrust Policy Is Likely To Be More Predictable but Not Lax

Key Points - Strong antitrust enforcement is expected to continue, but without the use of the novel and untested legal theories that defined the Biden administration approach. - Regulators are likely to continue to focus...more

Kelley Drye & Warren LLP

State AGs Double Down on DEI (and ESG)

In December, we covered the announcement by 11 Republican state AGs of an antitrust suit against investment companies related to coal companies and ESG goals led by Texas. With the new year and new administration, we have...more

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

BCLP

Personalities, Politics and Priorities - What’s New for M&A and EU Competition Law in 2025

BCLP on

It’s all change at the European Commission. Teresa Ribera has taken over the stewardship of DG COMP from Margrethe Vestager, alongside a wider brief including  environmental and social policy that could conflict with...more

Guidepost Solutions LLC

Regulatory Enforcement Trends in the New Administration and What They Mean for Your Company

As the Trump administration ushers in a new era of regulatory policy, businesses are closely monitoring shifts in enforcement trends. Understanding these changes is crucial for navigating the evolving regulatory landscape and...more

Skadden, Arps, Slate, Meagher & Flom LLP

2025 Insights: A First Look at Trump’s Second Term

As we step into a new year, the potential shifts under a second Trump administration loom large. Our 2025 Insights publication analyzes the impacts these changes could have on both U.S. and global business environments,...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Wilson Sonsini Goodrich & Rosati

Antitrust Laws and ESG Shareholder Engagement

Shareholder activism to further environmental, social, and governance (ESG) goals faces intense antitrust scrutiny in the United States. Some members of Congress and state attorneys general claim these efforts may violate the...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

Dickinson Wright

What to Expect from Antitrust Enforcement in a Second Trump Administration

Dickinson Wright on

What will antitrust enforcement look like under a second Trump presidency? While much remains uncertain, particularly regarding key appointments to the enforcement agencies, historical trends and policy priorities offer...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

Faegre Drinker Biddle & Reath LLP

Scrutiny of ESG and Sustainability Initiatives Under Antitrust Laws

The intersection between antitrust and environmental, social, and governance (ESG) initiatives continues to draw attention from regulators and lawmakers. While unilaterally and independently adopted ESG and sustainability...more

Jones Day

Australia Publishes Draft Antitrust Guidance on Sustainability Collaborations

Jones Day on

The Development: Recently, the Australian Competition and Consumer Commission ("ACCC") published draft guidelines designed to assist businesses to understand how they can collaborate on sustainability initiatives without...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

Insights – June 2024

Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....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

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

Mayer Brown on

The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

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