By Cynthia Hanawalt and Andy Fitch
Read the article, Guilt by (Climate) Association: Imprecision Mars Antitrust Claims Against Institutional Investors’ Emissions Pledges.
This CPI Antitrust Chronicle article traces pivotal connections between Texas v. BlackRock’s lower-profile Sherman Act Section 1 unlawful coordination claims, and its hot-button Section 7 analysis. We outline three foundational antitrust concerns insufficiently addressed by the BlackRock plaintiffs: how to establish that ostensible climate-mitigation measures amount to an anticompetitive output restriction, how to properly define the relevant market amid our transition to a green economy, and the appropriate standard of review for Section 7 solely-for-investment analysis.