When Is Doing Good Bad? Understanding the Antitrust Implications of ESG, ABA Antitrust Law Section Podcast

Derek Jackson recently co-hosted a timely conversation as part of the American Bar Association Antitrust Law Section's podcast, Our Curious Amalgam.

In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG antitrust exemption. How can companies avoid violating the antitrust laws while still complying with demands from their shareholders and other constituents to conduct business consistent with policies that are environmentally and socially sensitive, and promote good public policy?

Melissa Maxman participated in the discussion, which addressed the intersection between ESG and the Sherman Act.

Listen to this episode to learn more about whether existing antitrust exemptions, such as Noerr-Pennington, can affect business decisions about ESG.