In November of 2022, five U.S. Senators sent letters to top law firms warning them that continued cooperation in environmental-social-governance (ESG) agreements, by the firms or by their clients, would be subject to heightened scrutiny under U.S. antitrust laws. By failing to issue similar antitrust guidelines for ESG agreements, federal policy lags behind the international community, disservices the competitive market, and hurts ESG goals.
This post was originally published on the Cardozo International & Comparative Law Review on February 6, 2023. The original post can be accessed via the Archived Link button above.
Gelberman, Moshe, "Lost In The Woods" (2023). CICLR Online. 67.