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(The Center Square) – Eleven states, led by Texas, have sued the three largest institutional investors in the world for allegedly conspiring to buy coal company stocks to control the market, reduce competition and violate federal and state antitrust laws. The lawsuit was filed in U.S. District Court for the Eastern District of Texas Tyler Division and demands a trial by jury. It names as defendants BlackRock, Inc., State Street Corporation, and Vanguard Group, Inc., which combined manage more than $26 trillion in assets. The companies were sued for “acquiring substantial stockholdings in every significant publicly held coal producer in the United States” in order to gain “power to control the policies of the coal companies,” Texas Attorney General Ken Paxton said. According to the 109-page brief , defendants own 30.43% of Peabody Energy, 34.19% of Arch Resources, 10.85% of NACCO Industries, 28.97% of CONSOL Energy, 29.7% of Alpha Metallurgical Resources, 24.94% of Vistra Energy, 8.3% of Hallador Energy, 31.62% of Warrior Met Coal and 32.87% of Black Hills Corporation. Under the Biden administration, in the past four years, “America’s coal producers have been responding not to the price signals of the free market, but to the commands of Larry Fink, BlackRock’s chairman and CEO, and his fellow asset managers,” the brief states. “As demand for the electricity Americans need to heat their homes and power their businesses has gone up, the supply of the coal used to generate that electricity has been artificially depressed – and the price has skyrocketed. Defendants have reaped the rewards of higher returns, higher fees, and higher profits, while American consumers have paid the price in higher utility bills and higher costs.” Consumer costs went up because the companies “weaponized” their shares to push through a so-called green energy agenda, including reducing coal output by more than half by 2030, the lawsuit alleges. In response, publicly traded coal producers reduced output and energy prices skyrocketed. The companies advanced their policies primarily through two programs, the Climate Action 100 and Net Zero Asset Managers Initiative, signaling “their mutual intent to reduce the output of thermal coal, which predictably increased the cost of electricity for Americans” nationwide, Paxton said. The firms also allegedly deceived thousands of investors “who elected to invest in non-ESG funds to maximize their profits,” Paxton said. “Yet these funds pursued ESG strategies notwithstanding the defendants’ representations to the contrary.” While they allegedly directly restrained competition among the companies whose shares they acquired, “their war on competition has consequences for the entire industry,” the brief states. “Texas will not tolerate the illegal weaponization of the financial industry in service of a destructive, politicized ‘environmental’ agenda. BlackRock, Vanguard, and State Street formed a cartel to rig the coal market, artificially reduce the energy supply, and raise prices,” Paxton said. “Their conspiracy has harmed American energy production and hurt consumers. This is a stunning violation of state and federal law.” The lawsuit alleges the companies’ actions violated the Clayton Act, which prohibits any acquisition of stock where “the effect of such acquisition may be substantially to lessen competition;” and the Sherman Antitrust Act of 1890, 15 U.S.C. § 1 in a conspiracy to restrain trade. It also alleges the companies violated state antitrust laws of Texas, Montana and West Virginia; Blackrock also allegedly violated the Texas Business and Commerce Code by committing “false, deceptive, or misleading acts.” It asks the court to rule that the companies violated the federal and state statutes, provide injunctive and equitable relief and prohibit them from engaging in such acts. It requests that civil fines be paid, including requiring Blackrock to pay $10,000 per violation. Joining Paxton in the lawsuit are the attorneys general of Alabama, Arkansas, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, West Virginia and Wyoming. The Buzbee Law Firm and Cooper & Kirk are serving as outside counsel. The companies have yet to issue a statement on the lawsuit. The lawsuit follows one filed by 25 states led by Texas against the Biden administration asking the court to halt a federal ESG policy that could negatively impact the retirement savings of 152 million Americans. It also comes after Texas has listed hundreds of companies and publicly traded investment funds, including Blackrock, on its divestment list for advancing ESG and anti-oil and natural gas policies.Nolte: Taylor Lorenz Out at Vox Media, Days After Cheering CEO's Murder
RADNOR, Pa., Dec. 07, 2024 (GLOBE NEWSWIRE) -- The law firm of Kessler Topaz Meltzer & Check, LLP ( www.ktmc.com ) informs investors that a securities class action lawsuit has been filed in the United States District Court for the Southern District of Florida against Celsius Holdings, Inc. (“Celsius”) (NASDAQ: CELH) on behalf of those who purchased or otherwise acquired Celsius common stock between February 29, 2024, and September 4, 2024, inclusive (the “Class Period”). The lead plaintiff deadline is January 21, 2025. CONTACT KESSLER TOPAZ MELTZER & CHECK, LLP: If you suffered Celsius losses, you may CLICK HERE or go to: https://www.ktmc.com/new-cases/celsius-holdings-inc?utm_source=PR&utm_medium=link&utm_campaign=celh&mktm=r You can also contact attorney Jonathan Naji, Esq. by calling (484) 270-1453 or by email at info@ktmc.com . DEFENDANTS’ ALLEGED MISCONDUCT: The complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose that: (1) Celsius materially oversold inventory to Pepsi far in excess of demand, and faced a looming sales cliff during which Pepsi would significantly reduce its purchases of Celsius products; (2) as Pepsi drew down significant amounts of inventory overstock, Celsius’ sales would materially decline in future periods, hurting Celsius’ financial performance and outlook; (3) Celsius’ sales rate to Pepsi was unsustainable and created a misleading impression of Celsius’ financial performance and outlook; (4) as a result, Celsius’ business metrics and financial prospects were not as strong as indicated in Defendants’ Class Period statements; and (5) consequently, Defendants’ statements regarding Celsius’ outlook and expected financial performance were false and misleading at all relevant times. THE LEAD PLAINTIFF PROCESS: Celsius investors may, no later than January 21, 2025, seek to be appointed as a lead plaintiff representative of the class through Kessler Topaz Meltzer & Check, LLP or other counsel, or may choose to do nothing and remain an absent class member. A lead plaintiff is a representative party who acts on behalf of all class members in directing the litigation. The lead plaintiff is usually the investor or small group of investors who have the largest financial interest and who are also adequate and typical of the proposed class of investors. The lead plaintiff selects counsel to represent the lead plaintiff and the class and these attorneys, if approved by the court, are lead or class counsel. Your ability to share in any recovery is not affected by the decision of whether or not to serve as a lead plaintiff. Kessler Topaz Meltzer & Check, LLP encourages Celsius investors who have suffered significant losses to contact the firm directly to acquire more information. CLICK HERE TO SIGN UP FOR THE CASE OR GO TO: https://www.ktmc.com/new-cases/celsius-holdings-inc?utm_source=PR&utm_medium=link&utm_campaign=celh&mktm=r ABOUT KESSLER TOPAZ MELTZER & CHECK, LLP: Kessler Topaz Meltzer & Check, LLP prosecutes class actions in state and federal courts throughout the country and around the world. The firm has developed a global reputation for excellence and has recovered billions of dollars for victims of fraud and other corporate misconduct. All of our work is driven by a common goal: to protect investors, consumers, employees and others from fraud, abuse, misconduct and negligence by businesses and fiduciaries. The complaint in this action was not filed by Kessler Topaz Meltzer & Check, LLP. For more information about Kessler Topaz Meltzer & Check, LLP please visit www.ktmc.com . CONTACT: Kessler Topaz Meltzer & Check, LLP Jonathan Naji, Esq. (484) 270-1453 280 King of Prussia Road Radnor, PA 19087 info@ktmc.com May be considered attorney advertising in certain jurisdictions. Past results do not guarantee future outcomes.
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