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 […]
Climate Alliances
3 posts
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. […]