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February 15, 2023

ESG Antitrust Risk

ESG: The Bottom Line

As companies increase their ESG efforts, they also raise their antitrust risks. Activities that can trigger antitrust issues include benchmarking, information exchanges, collaborations with competitors, supply chain management, vendor requirements, joint lobbying, working with trade associations, and HR initiatives. Even if the underlying goal of the ESG initiative is to do good, there is no antitrust immunity for lofty goals. And federal and state enforcement is on the rise.

In this video, Karen Rigberg discusses how companies can reduce the antitrust risks around ESG activities.

This video is part of our ongoing series, “ESG: The Bottom Line,” where we take on some key legal aspects of ESG--from impact investing to whistleblowers, climate risk disclosure to corporate board diversity. All in short videos where we get straight to the bottom line.

» Watch the rest of the “ESG: The Bottom Line” series here.

© Arnold & Porter Kaye Scholer LLP 2023 All Rights Reserved. This video is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.