Climate advocates may hope to see dramatic commercial breakthroughs over the next several decades that reshape emissions-intensive components of our everyday lives, such as our dietary choices, household energy use, and transportation habits. Yet transforming these consumer sectors will require not only scientific ingenuity and entrepreneurial ambition, but also nimble […]
Antitrust
6 posts
Corporate coordination to mitigate climate change raises complex questions for competition policy. From a structural antitrust perspective, climate alliances comprised of large asset managers can raise the specter of unaccountable “private governance,” if effectively imposing clean-energy restraints across an entire sector. But from an econometric perspective, which seeks to optimize […]
Texas v. BlackRock (E.D. Tex.) (BlackRock), a case in which 13 states claim that the institutional-investor defendants colluded to profit through coordinated output reductions at coal companies they partially owned, remains in its early stages, with discovery continuing through 2027. Already however, opponents of climate-risk mitigation have rushed to extract […]
A now-familiar playbook for climate-denying state attorneys general is to launch burdensome investigations of climate-minded corporate enterprises based on inchoate antitrust claims (often conspicuously lacking a profit motive for the alleged antitrust violations). These enforcement tactics crystallize two challenges for corporate climate initiatives seeking to steer clear of antitrust liability. […]
Climate alliances have become a common target of antitrust campaigns over the last several years, particularly given the complex market dynamics for these alliances to navigate, with effective industry-wide transformation often necessitating some degree of coordination among competitors. In previous blog posts, we have addressed state legislatures’ efforts to undermine […]
Today, the Sabin Center for Climate Change Law and the Columbia Center on Sustainable Investment jointly published a new report: Recommendations to Update the FTC and DOJ’s Guidelines for Collaboration Among Competitors. The guidelines help firms understand the antitrust principles and boundaries of any collaborations they may undertake with other […]