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Is ESG Conduct Exempt From Antitrust Scrutiny?
Reprinted from: Law360 | March 27, 2023In Law360, Cadwalader antitrust partner Joel Mitnick and law clerk Dan Lumer examine the antitrust scrutiny on corporate efforts to advance ESG objectives, with FTC and DOJ officials stating that there is no “ESG exemption” from otherwise anti-competitive activity. However, note the authors, the Noerr-Pennington doctrine “does provide an exemption for certain forms of coordinated political activity.”
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