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The Sustainability Paradox: A Competitive Case for Sustainability Agreements

Hannah Burdette
92 Geo. Wash. L. Rev. 248

American antitrust law has remained focused on one goal since the first antitrust statute—the Sherman Act—was passed: promoting competition. In striving toward this foundational goal, the Court has refined and expanded the contours of antitrust jurisprudence and the analytical tools it applies to alleged violations of competition law. As the consequences of climate crises grow ever-more ubiquitous, the Court must employ its historic willingness to add nuance to antitrust analysis by expanding the rule of reason to allow firms to engage in private collective actions aimed at curbing the worst impacts of climate change directed at markets.

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