ESG and Antitrust: More Focus but No Consensus - Recent Developments, Pitfalls and Mitigating Risk

3 March 2023
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Key takeaways:
  • As companies are increasingly working together on environmental, social, and governance (“ESG”) initiatives, it is important to keep in mind that, as with all collaboration between industry participants, ESG initiatives are subject to antitrust laws.
  • Over the last six months, regulators and legislators have taken several steps that make clear they are focused on the intersection of ESG and antitrust.
  • This update provides an overview of recent related developments in the United States and Europe, including new guidance from the UK competition authority, how antitrust laws may be implicated and what practical considerations firms can keep in mind as they consider ESG policies and initiatives.