News & Analysis as of

Environmental Social & Governance (ESG) Sherman Act

Vedder Price

Latest FTC Settlement Further Underscores Risk of “Green” Agreements

Vedder Price on

Last month, we posted an update describing Florida’s investigation into whether the CDP and the Science Based Targets Initiative are facilitating unlawful collusion among financial institutions and investment services to use...more

A&O Shearman

Eastern District Of Texas Denies Motion To Dismiss Coordinated Stewardship Complaint Against Asset Managers

A&O Shearman on

On August 1, 2025, the United States District Court for the Eastern District of Texas denied the motions to dismiss filed by three asset managers. The complaint, brought by thirteen plaintiff states (Texas, Alabama, Arkansas,...more

Holtzman Vogel Baran Torchinsky & Josefiak

A Cautionary Tale - State AGs Prevail with a Lump of Coal for Major Investment Firms

In November 2024, a Texas-led coalition of thirteen states sued three of the world’s largest investment firms, BlackRock, State Street, and Vanguard Group, claiming the firms violated antitrust and consumer protection laws by...more

Axinn, Veltrop & Harkrider LLP

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...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

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Wilson Sonsini Goodrich & Rosati

Antitrust Laws and ESG Shareholder Engagement

I. Introduction - 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...more

Ballard Spahr LLP

ESG Initiatives Come Under Increasing Antitrust Scrutiny

Ballard Spahr LLP on

Summary - Companies across all sectors of the economy—car manufacturers, apparel brands, banks, utilities, insurers, and asset managers—are increasingly working within their respective industries’ sustainability...more

Cadwalader, Wickersham & Taft LLP

Antitrust Risks of ESG Initiatives: Rhetoric vs. Reality

Recently, there have been rumblings of antitrust enforcement in response to the increasing prominence of corporate policies furthering environmental, social and governance (‘ESG’) goals. The ESG moniker has been used as...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Year-End Edition 2022

Morrison & Foerster LLP on

In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

Cadwalader, Wickersham & Taft LLP

ESG Risks of Antitrust Enforcement and Liability

Business enterprises are under pressure the world over to develop and adopt policies that promote social, environmental and governance (“ESG”) goals. ESG is a broad label, covering issues that include, among others,...more

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