In an article published by the American Law Association Antitrust Committee, Counsel John O’Toole explores how the legal framework of antitrust is being used to challenge or promote ESG-related legislation at both the state and federal level.
Excerpt: "In the past few years, environmental, social, and governance practices ("ESG") have become a hot topic and the subject of fierce political debate. While many champion these efforts, some have challenged them as symptomatic of a "woke" culture. Recently, many Republican state attorneys general and members of Congress have extended these criticisms to the antitrust realm, arguing that engagement in certain ESG practices may constitute an agreement in restraint of trade that violates Section 1 of the Sherman Act. There has also been a push to develop ESG-related legislation on both sides of the aisle, including at the state level, to outline how or when ESG efforts may violate the antitrust laws."
