From Zero-Sum to Net-Zero Antitrust

Amelia Miazad - UC Davis School of Law
Vol. 56
June 2023
Page 2067
This Article argues that Investor Climate Alliances (“ICAs”) provide a novel and necessary forum for collaborative governance of climate change, a systemic risk to the economy. Therefore, ICAs are different from traditional industry collaborations, and require a tailored antitrust approach. Part I contextualizes the rise in universal owners and explains why they are uniquely impacted by climate risk. Part II argues that ICAs provide a forum for universal owners to collaborate to mitigate the climate crisis. Part III describes how policymakers on both sides of the aisle are weakening ICAs by making threats of antitrust enforcement. Part IV makes a normative argument for strengthening the ability of ICAs to collaborate and offers a policy roadmap for aligning global antitrust policy with ICAs.
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