The state of Michigan is contributing to the growing body of climate cases with a new antitrust case targeting the oil and gas industry. The case, brought by the Michigan Attorney General, argues that oil and gas companies have conspired for years to hinder competition from renewables. The AG describes the allegations in a press release stating:
“The Attorney General alleges the defendants acted as a cartel in an unlawful conspiracy in restraint of trade to forestall meaningful competition from renewable energy in order to maintain their dominance in the transportation energy market and primary energy markets in Michigan and nationally in order to reap windfall, and illegal, profits. This has caused Michigan residents to suffer artificially high home and transportation energy costs.”
The case names BP, Chevron, Exxon Mobil, Shell, and the American Petroleum Institute as defendants. These allegations are a direct answer to anti-ESG’s attempts to weaponize antitrust law, showing that antitrust litigation can cut both ways. Interestingly, the case focuses more on the unlawful conduct of the fossil fuels industry, rather than on the direct impacts of climate change. We’ll see if this strategy proves more effective than past climate litigation, which often focuses on recouping the costs associated with climate-change-driven disasters.
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