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Top fund managers ask US courts to dismiss climate-related antitrust case

Top fund managers ask US courts to dismiss climate-related antitrust case

BlackRock, Vanguard, and State Street asked a Texas federal court to dismiss a lawsuit filed by a Texas state accusing top fund managers of conspiring to reduce coal production through climate activism. The firms said the allegations were based on "half-baked, untested" theories.

Asset managers asked the court to reject the "adventurous" attempt to rewrite the antitrust laws.

Fund managers claim that the closely followed case led by Texas Attorney-General Ken Paxton does not provide any examples where companies have ever told a coal company they should reduce production.

Analysts in the industry have been watching closely to see what companies will do about the suit that the defendants claim is a first-of-its-kind, filed by Texas and several other Republican states. Now there are 13 plaintiffs.

Michael Carrier, Rutgers Law School Professor, said via email that this is a "hard-hitting" response. Carrier says that the companies have a lack communication and differing voting practices, which will make it difficult for the plaintiffs' to prove they reached an agreement.

Paxton's Office did not respond immediately to a comment request.

The lawsuit is part of an ongoing pressure campaign by conservative politicians in the United States, many of whom hail from states that produce energy. They have claimed, among other things that the companies' participation in net-zero industry groups is collusion.

The three companies, with assets of more than 26 trillion dollars, have become influential in the way U.S. corporations pay executives, select directors, and set ESG policies. Recent pressure from Republicans has led to a retreat by the three firms, who have withdrawn from climate initiatives and reduced diversity goals.

This is the first time that they have been accused of antitrust violations in connection with their ESG initiatives. In a joint motion on Monday night, they united against the idea. They called their activities "commonplace", for products such as index funds which are "the main ingredients that allow asset managers to provide low-cost funds for millions of Americans to save for retirement or other purposes."

The companies claimed that, while BlackRock, State Street, and others voted against the reelection of a few directors from coal companies, they did not vote as a bloc and the directors were still reelected. Vanguard has never voted to remove coal company directors or management.

According to the details of the complaint, coal production has actually increased since 2021. The companies' proxy votes also did not correspond with production trends.

The motion says that "there is no evidence that any defendant was pressuring coal companies to cut production, and even less that they were all doing it in concert."

The case is Texas et al v BlackRock Inc et al, U.S. District Court, Eastern District of Texas, No. 24-00437. (Reporting from Boston by Ross Kerber and Shivani Tana in Bengaluru, Editing by Muralikumar Anantharaman & David Gregorio).

(source: Reuters)