June 9 (Reuters) -
A lawyer for BlackRock ( BLK ) said on Monday that Republican
states' claim that asset managers violated antitrust law through
industry climate groups was not "plausible," as the firms
pressed to have the case dismissed.
But a lawyer for the states, which include
Texas
and 12 others, told the U.S. District Judge Jeremy Kernodle
that even calling attention to environmental matters, such as by
signing on to industry agreements, could have an impact.
BlackRock ( BLK ), the world's largest asset manager,
Vanguard and State Street are seeking to dismiss the
claims in the closely watched antitrust case. The case, filed
last November, claims the firms violated antitrust law through
climate activism that reduced coal production and boosted energy
prices.
In pressing for dismissal, Gregg Costa, an attorney for
BlackRock ( BLK ), said on Monday that, among other things, the fund
firms never voted against the same coal company directors during
the years in question, weakening the case. Nor did the
plaintiffs bring forward any material such as from a
whistleblower showing direct talks among the companies to
coordinate their activities.
"It's hard to see how this alleged conspiracy is even
possible, let alone plausible," Costa said.
Speaking for the states, Cooper & Kirk attorney Brian
Barnes said the firms' actions could still have a market impact.
"Jawboning by these defendants as to decisions about
market strategy just very clearly has the potential to influence
output decisions at the coal company," Barnes said.
The outcome of the lawsuit could have major implications
for how the companies, which together manage some $27 trillion,
manage their holdings and passive funds.
One possible remedy sought by the plaintiffs would be
for the fund firms to divest holdings in coal companies, which
BlackRock ( BLK ) has said would harm the companies' access to capital
and likely raise energy prices.
Kernodle, of the U.S. District Court for the Eastern
District of Texas, said he would take the matter under
advisement. He also said that like many Americans he owns shares
in various index funds from the firms, including the Vanguard
S&P 500 ETF and the BlackRock ( BLK ) iShares Core S&P Small Cap
fund..
While the ownership would not seem to require his
recusal, Kernodle said parties who disagree should file their
objections within two weeks.