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ARTICLE · 21 NOVEMBER 2023

For What It's Earth: Issue 36: November 15, 2023

Steptoe LLP
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The US Securities and Exchange Commission (SEC) did not list ESG as an examination focus for 2024, after including it in 2023, 2022, and 2021.

United StatesAntitrust/Competition Law
Steptoe LLP
Steptoe LLP

Regulation

The US Securities and Exchange Commission (SEC) did not list ESG as an examination focus for 2024, after including it in 2023, 2022, and 2021. The removal of ESG as a priority comes amidst continued delay in the release of the SEC's final climate related disclosure rule.

Antitrust

The US House of Representative has subpoenaed two non-profit organizations that promote ESG policies to determine whether they are helping to facilitate antitrust violations. Critics of ESG policies have turned to antitrust law to push back on the adoption of ESG policies, arguing that ESG policies facilitate anticompetitive collusion. The subpoenas, though, are an escalation and reinforce the need for companies to undertake a thorough antitrust analysis before adopting any ESG policies.

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