A Climate Adaptation Toolkit for the Insurance Industry

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. This report, which forms part of the Sabin Center’s broader Climate Law and Finance Initiative, provides a toolkit to help academics, attorneys, insurance practitioners, and industry regulators model (re)insurer climate litigation risk. Insurance and Climate Change The increasingly […]

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Reader’s Note: The Columbia Center on Sustainable Investment (CCSI) and the Sabin Center for Climate Change Law (Sabin Center) are conducting a Landscape Analysis of Antitrust and Sustainability to identify the boundaries of competition and collaboration in markets as they impact non-economic benefits, particularly with respect to sustainability initiatives. In connection with this effort, the reading list below offers an introduction to the intersection of sustainability and antitrust, with a predominant focus on the US. We hope this is useful to practitioners, organizations, and firms who are seeking to familiarize themselves with these issues. A full report detailing the findings of the Landscape Analysis will be released in late summer 2023.

Top Recommended Resources:

[Webinar] Overview of interconnected antitrust + sustainability considerations, including competitor collaborations, the anti-ESG movement, greenwashing, and more:

[Blog] Contends that much of ESG related corporate and investor activity does not run afoul of antitrust law. “Other than in rare circumstances, antitrust law is generally concerned with collaborative behavior between competing firms and negative effects on consumers.  Companies seeking to take action to align themselves better with customer or market preferences, reduce their carbon footprint, choose suppliers who are themselves more sustainable (and thus reliable in the long term), be responsive to investor priorities, or otherwise take account of ESG factors, all in the interest of creating long-term value, generally have wide liberty in implementing such single-firm policies.”:

[Short primer] Legal analysis of the difference between unilateral and collaborative ESG initiatives. Notes that although “virtuous intentions do not immunize companies from antitrust laws…the overall message is that while companies implementing ESG commitments should be conscious of antitrust law, they should be confident that antitrust will not stand in the way of ESG efforts that are well justified and carefully implemented.”

 [Blog] Breakdown of state-level anti-ESG laws, some of which incorporate boycott language:

[Academic Paper] Explains how antitrust law shapes market coordination, and private-sector firms are one or many economic actors to consider when allocating coordination rights. “It is conventionally understood that the purpose of antitrust law is to promote competition. Much more fundamentally, however, antitrust law allocates coordination rights. In particular, our current antitrust framework authorizes large, powerful firms as the primary mechanisms of economic and market coordination.” This “has served to undermine other coordination mechanisms—such as workers’ organizations, “cartels,” and the public coordination of markets.”

Primer Articles and Webinars – Sustainability and Antitrust in Tension:

Academic Papers and Reports – Why Aspects of Competition Policy May Be a Barrier to Sustainability, and How to Respond:

Competitor Collaboration Agency Guidelines (US, Canada, UK, and EU):

The post Antitrust Reading List: Competitor Collaborations and Sustainability appeared first on Climate Law Blog.






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