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US backs Republican states in BlackRock Climate Case

U.S. antitrust enforcers backed up on Thursday the arguments used by Republican states accusing asset managers BlackRock Vanguard State Street and State Street, of conspiring to reduce coal production through climate activism.

The U.S. Department of Justice filed a statement of interests in the case in which Texas and 12 other States claim that the companies used their significant holdings in U.S. Coal companies to discourage the competition.

The agencies asked the judge in Tyler, Texas to reject the asset managers' arguments in their bid for dismissal, including the argument that the alleged misconduct falls under an exemption applicable to passive investors.

In their court brief, the agencies stated that the case involves the exact type of conduct, such as concerted efforts by the companies to reduce production, that has been long condemned under antitrust laws.

BlackRock stated that forcing asset management companies to divest their coal holdings would hurt the companies' ability to access capital and increase energy prices.

State Street claimed that it acts in the best interests of its investors, and that the lawsuit was baseless.

Vanguard reiterated that it will defend its previous comment that it will safeguard its history in protecting returns for investors.

First reported on Thursday, the agencies are expected to support state arguments.

This is a major political setback for top asset managers. BlackRock, Vanguard, and State Street, which together have $27 trillion, are under fire by conservative Republicans from states that produce energy. They claim the firms put social and environmental concerns ahead of maximising returns for customers.

BlackRock is, for example, facing restrictions or outright bans from managing public assets, in states such as Texas and Indiana, due to its ESG policies. In February, there were signs of thawing when BlackRock led a consortium that bought ports near the strategically important Panama Canal. The deal was hailed as a success by U.S. president Donald Trump.

Asset managers call the case "half baked" and claim there is no proof that they demanded a reduction in output. U.S. district judge Jeremy Kernodle will hear arguments in June on the asset manager's bid to dismiss the lawsuit. (Reporting and editing by J. Godoy, Ross Kerber and Chris Sanders; Nick Zieminski and Matthew Lewis)

(source: Reuters)