News & Analysis as of

Antitrust & Trade Regulation Energy & Utilities

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Territorial Restrictions in Gas Supply Contracts in Japan – Antitrust Implications and Experience from the European Union

by Shearman & Sterling LLP on

Japan, the world’s biggest buyer of liquefied natural gas (“LNG”), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts. Historically, LNG suppliers have used...more

State aid: the former French financial support mechanism for solar radiative energy at risk

by White & Case LLP on

By an order dated 15 March 20171, the European Court of Justice (“ECJ”) rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in...more

FTC Approves Final Consent Order Allowing Enbridge and Spectra Merger

by Reed Smith on

The Federal Trade Commission has approved the merger between Enbridge and Spectra, following the parties’ acceptance of certain terms designed to preserve competition between natural gas pipelines in the Gulf of Mexico. The...more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

by Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

THE LATEST: FTC Determines Behavioral Remedies are Sufficient to Fix Offshore Natural Gas Pipeline Overlap

by McDermott Will & Emery on

The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation...more

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

by King & Spalding on

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial...more

Higher Penalties, Construction, Health and Energy: the ACCC Sets its Enforcement Priorities for 2017

by K&L Gates LLP on

In brief: - On 24 February, the ACCC unveiled its Enforcement and Compliance priorities for 2017. - The ACCC's enforcement activities in 2017 will continue to target larger companies causing harm to consumers and...more

Trade & Manufacturing - News of Note - February 2017

by King & Spalding on

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

ManattJones Global Strategies - January 2017

CEO’s Executive Summary: This longer-than-normal update covers an eventful few weeks in the Trump transition and in Mexico. The President-elect has nominated or appointed a team responsible for key aspects of U.S.-Mexico...more

State aid: The European Commission approves support measures for renewable energy in France

by White & Case LLP on

On 17 August 2015, the French Parliament enacted the "Law on energy transition and on green growth" in order to bring the French renewable energy support model in line with the Commission's 2014 Guidelines on State Aid for...more

Antitrust Claims: A Novel Line of Attack by Groups Opposing Natural Gas Infrastructure Projects

by K&L Gates LLP on

The Sierra Club and other environmental groups have made little secret of their opposition to the continuing use of fossil fuels and to the development of infrastructure to support that use. A new wrinkle in their multifront...more

FERC energy trading compliance white paper

by PretiFlaherty on

Enforcement staff at the Federal Energy Regulatory Commission have released a white paper presenting their view of effective practices to ensure energy trading complies with prohibitions against market manipulation. The...more

Getting the Deal Through — Electricity Regulation 2017: United Kingdom

by White & Case LLP on

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - Following the EU Referendum held on 23 June 2016, a new prime minister was appointed...more

New barriers to foreign investment in UK strategic infrastructure

by Dentons on

Following the government's recent decision to proceed with the Hinkley Point C nuclear power station project (Hinkley Point), ministers are planning a new legal framework for future foreign investment in Britain's critical...more

National security reviews: A global perspective — Australia

by White & Case LLP on

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

National security reviews: A global perspective — Russian Federation

by White & Case LLP on

Russia targets 45 "strategic activities" that trigger a national review. The Government Commission on Control Over Foreign Investments in the Russian Federation (the Government Commission), which was established by the...more

USITC To Study the U.S. Aluminum Industry

by King & Spalding on

The U.S. International Trade Commission recently heard testimony that global markets for aluminum and aluminum products are being distorted by Chinese subsidies. On September 29, 2016, the Commission held a public hearing in...more

Energy Sector Alert Series: Antitrust and Acquisition of Partial Ownership Interests—What Energy Companies Should Know

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

WTO Appellate Body Report: EU – Biodiesel (Argentina)

by White & Case LLP on

Decision: The WTO Appellate Body has delivered a mixed verdict in Argentina's challenge to EU anti-dumping measures on biodiesel. The Appellate Body rejected Argentina's claims that part of the EU Basic Regulation on...more

Energy Sector Alert Series: Brexit and Energy - Leaving the EU While Staying Connected

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

UK CMA Announces Closure of Investigation into PCWs for Energy Tariffs

by Latham & Watkins LLP on

On 6 October 2016, the UK Competition and Markets Authority (“CMA”) announced the closure of its investigation into a suspected competition law breach by some price comparison websites (“PCWs”) for energy tariffs on the...more

Trade & Manufacturing - October 2016

by King & Spalding on

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the...more

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more

One Less Sheriff In Town: Ninth Circuit Rules that Communications Common Carriers are Exempt from FTC Enforcement

On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more

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