*
Texas, other states accuse asset managers of discouraging
coal
output
*
Blackrock ( BLK ), State Street and Vanguard have sought to have
the
case dismissed
*
DOJ and FTC urge judge to reject several of the asset
managers'
arguments
(Updates to remove previous sourcing in first paragraph)
By Jody Godoy and Ross Kerber
May 22 (Reuters) - U.S. federal antitrust enforcers
expressed support on Thursday for arguments wielded by
Republican states that accuse asset managers BlackRock ( BLK ),
Vanguard and State Street of conspiring through climate
activism to decrease coal output.
The U.S. Department of Justice and Federal Trade Commission
filed a statement of interest in the case where Texas and 12
other states claim the companies used their substantial holdings
in U.S. coal companies to discourage competition.
The agencies urged the judge overseeing the case in Tyler,
Texas, to reject several of the arguments the asset managers
made in their bid to dismiss the case, including that the
alleged conduct falls under an exemption for passive investors.
"This case is about precisely the sort of conduct, including
concerted efforts to reduce output, which have long been
condemned under the antitrust laws," the agencies said in their
court brief.
BlackRock ( BLK ) said that forcing asset managers to divest
from coal companies would harm the companies' access to capital
and likely raise energy prices.
State Street said it acts in the long-term interests of
investors and that the lawsuit is baseless.
Vanguard reiterated its prior comment that it would
defend its history of safeguarding returns for investors.
Reuters first reported earlier on Thursday that the
agencies were expected to support the states' arguments.
The development marks a political setback for the top asset
managers. With some $27 trillion among them, BlackRock ( BLK ), Vanguard
and State Street have come under fire from conservative
Republicans, many from energy-producing states, who say the
firms wrongly put environmental and social concerns above
maximizing returns for their customers.
BlackRock ( BLK ), for instance, faces restrictions and outright
bans on managing public assets in states including Texas and
Indiana over its ESG policies. There were signs of thawing
relations in February when the company led a consortium to buy
ports near the strategic Panama Canal, a deal hailed by U.S.
President Donald Trump.
The asset managers have called the case "half-baked" and say
there is no evidence they pressed for reduced output. U.S.
District Judge Jeremy Kernodle is scheduled to hear arguments on
the asset managers' bid to dismiss the case in June.