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ARTICLE · 26 SEPTEMBER 2024

ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?

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Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations...

United StatesAntitrust/Competition Law
Drake Morgan
Drake Morgan
Marcus Navin-Jones
Marcus Navin-Jones

Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group's members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022.

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