When Is Doing Good Bad? Understanding the Antitrust Implications of ESG

In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG antitrust exemption. How can companies avoid violating antitrust laws while 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?

In a special episode of the American Bar Association’s podcast, Our Curious Amalgam, David Shaw—a partner and member of Morrison Foerster’s Global Antitrust Group—joins Christina Ma and Melissa Maxman to discuss the intersection between ESG and the Sherman Act.

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