Create ESG/DEI collusion task force; Congress investigate ESG as unfair/anticompetitive cover
Mandate urges an FTC ESG/DEI collusion task force—especially on private equity—to probe whether ESG/DEI coordination is used to fix prices, meet targets, or reduce output, and says Congress should investigate ESG practices as cover for anticompetitive activity and unfair trade practices.
Mandate
Mandate Ch. 30 (FTC) — ESG Practices: FTC should set up an ESG/DEI collusion task force to investigate firms—particularly in private equity—to see if they are using the practice as a means to meet targets, fix prices, or reduce output; Congress should investigate ESG practices as a cover for anticompetitive activity and possible unfair trade practices; managers inserting values into underwriting/professional contracts in concentrated industries may commit unfair trade practices.
Undo plan
1) Confine antitrust probes to actual agreements restraining trade—not parallel voluntary ESG policies.
2) Disband task forces targeting ideology rather than evidence of boycotts/price-fixing.
3) Protect shareholder engagement and diversified-investor stewardship from unfair-practice theories.
4) Use existing Section 1 process with durable goods/market definition rigor.
5) Verify: opened matters tied to agreement evidence; closed ideology-only inquiries.