Antitrust & Trade Regulation Energy & Utilities

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ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

SCOTUS Holds Natural Gas Act Does Not Preempt State Law Antitrust Claims

In Oneok, Inc. v. Learjet, Inc., Case No. 13-271 (Apr. 21, 2015), the U.S. Supreme Court held that the Natural Gas Act did not preempt retail customers’ state law antitrust claims against interstate gas pipeline operators for...more

Supreme Court Rejects FERC’s Preemption Argument and Permits State Antitrust Claims Against Interstate Pipelines to Proceed

On April 21, the U.S. Supreme Court issued an opinion in ONEOK, Inc., et al., v. Learjet, Inc. et al holding that state antitrust claims are not pre-empted by the Natural Gas Act. This important decision put the brakes on an...more

Supreme Court Decides Oneok, Inc. v. Learjet, Inc.

On April 21, 2015, the United States Supreme Court decided Oneok, Inc. v. Learjet, Inc., No. 13-271, holding that state-law antitrust suits challenging retail rates for direct sales of natural gas are not field pre-empted by...more

Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the...more

Harper Review: Implications for networks businesses

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for networks businesses....more

Harper Review - Implications for wholesale electricity markets

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for wholesale electricity markets....more

Focus on Regulatory Law - March 2015

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP)...more

FTC Consent Agreement with Par Petroleum Demonstrates Increased Agency Focus on Competitive Effects

On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to...more

A New Front Opens up in the Arizona Solar Battle

On March 2, 2015, SolarCity Corporation (“SolarCity”) filed suit in the federal District Court for the District of Arizona against the Salt River Project Agricultural Improvement and Power District (“SRP”) alleging that SRP...more

Controversy over renewable energy claims

If an electric utility generates power from renewable resources and sells renewable energy certificates representing the renewable attributes of that energy, can it still call the underlying power "renewable"? No, according...more

European Competition Law Newsletter – March 2015

A recent European Commission (EC) fining decision against UK-based broker ICAP confirms that companies which merely facilitate a cartel will be tarred with the same brush as those which actually engage in the cartel. The...more

Supreme Court Update: North Carolina Board Of Dental Examiners V. Federal Trade Commission (13-534), Kansas V. Nebraska (126,...

The robed returned to action with this week with decisions in three cases, North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), on whether state licensing boards enjoy immunity from antitrust laws...more

Australia's Federal Court Mandates Greater Care When Offering Discounts on Energy Usage Charges

The Federal Court of Australia has found that AGL South Australia Pty Ltd (AGL) made false or misleading representations and engaged in misleading or deceptive conduct, concerning the level of discount that residential...more

Analysis: Vote is "Affirmative" in USITC's Final Determination of Injury to U.S. Solar Cell Industry from Imports of CSVP Solar...

By a vote held on January 21, 2015, the U.S. International Trade Commission (USITC) made an affirmative final determination of “material injury” to the U.S. solar cell manufacturing industry due to low-priced Crystalline...more

Trade & Manufacturing - January 2015

In This Issue: - Trade-Related Energy Issues at Forefront of Political Debate in 2015 - Customs and Border Protection Issues Update of Enforcement Activities Related to Trade Orders - News of...more

US China Trade War-Trade, Trade Adjustment, 337/IP, Products Liability

As you may know, the blog posts are getting longer and longer as more trade and other actions take place against China. Because of the length, I, therefore, am breaking this post into two parts. This first post covers Trade,...more

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

Focus on Regulatory Law - December 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - Contracts - Public Health - Comparative Law - Excerpt from Regulatory Authorities: French...more

Department of Commerce Proposes New Solar Tariff on Chinese Panels

On January 2, 2015, the Department of Commerce (“DOC”) announced its preliminary decision regarding Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China (“Chinese...more

FCPA Digest - January 2015

In this issue: - Recent Trends and Patterns in FCPA Enforcement - Foreign Bribery Criminal Prosecution Under the FCPA - Foreign Bribery Civil Actions Instituted by the Department of Justice under the...more

Department of Commerce Reaches Affirmative Determinations on Certain Crystalline Silicon Photovoltaic Products from China and...

On December 16, 2014, the Department of Commerce (“DOC”) reached affirmative final antidumping determinations relating to Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China (“China”) and...more

Despite Potential Market Manipulation, FERC Declines to Reject Power Auction Results

The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated. In the face of significant public complaints,...more

FTC Staff Comments on New York State Proposal to Transform Power Distribution

In April 2014, the New York Public Service Commission’s (NY PSC) Reforming the Energy Vision (REV) initiative “propose[d] a platform to transform New York’s electric industry . . . with the objective of creating market-based,...more

The Glencore giant, the law’s Lilliputians, and the mining and metals markets: Glencore-Rio Tinto II: Can it negotiate the merger...

James Killick, John Tivey, Rebecca Campbell, Jan Jeram and Anthony Elghossain of global law firm White & Case examine the process and the issues that may arise should such a deal come to fruition. The market’s been...more

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