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Focus on Regulatory Law - October 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - State Aid - Contract - Public Health - In Brief - Excerpt from Regulatory Authorities: French Competition...more

FERC Orders Evidentiary Hearing For Alleged Market Manipulation By BP

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued an order setting an evidentiary hearing before an administrative law judge (ALJ) to determine whether BP America Inc., BP Corporation North America Inc.,...more

Third Circuit Upholds FERC Orders on PJM’s Minimum Offer Price Rule

On February 20, 2014, the United States Court of Appeals for the Third Circuit denied several petitions for review challenging a series of 2011 orders from the Federal Energy Regulatory Commission (the Commission or FERC)....more

New Biogas Rules to be Considered at California Public Utilities Commission

Upcoming decisions of the California Public Utilities Commission ("CPUC") on two matters related to biogas will substantially influence market opportunities for instate biogas producers for the foreseeable future. The CPUC is...more

REGULATORY: UK Competition Law: Playing the Energy Game; Regulating Market Outcomes by Suzanne Rab, Derek Holt*

With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising...more

Washington Energy Update - October/November 2012

In This Issue: - When Energy and Antitrust Worlds Collide — Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility - California Cap-and-Trade Scheme -...more

FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets

On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and...more

Energy Newsletter - November 2012

In This Issue: REGULATORY: Environmental: - Recent Common Sense Decisions on Source Aggregation: A Roadmap for Regulating Oil and Gas Emissions? D.C. Regulatory: - The FTC’s Revised Green Guides...more

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more

"Second Circuit Affirms KeySpan Dismissal of Federal Antitrust Class Action Alleging Electricity Overcharges Based on Filed Rate...

On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to...more

REGULATORY: Czech Energy Commitments

The European Commission (Commission) is seeking comments on commitments offered by Czech electricity incumbent operator, CEZ, to address allegations that it may have infringed EU antitrust rules by restricting market entry on...more

Energy Newsletter - September 2012

In This Issue: - REGULATORY: - Environmental: EPA’s Rules Affecting the U.S. Power Sector; Taking On EPA’s Rules Effectively Banning New Coal-Fired Generation - EU Competition Law: Czech Energy...more

REGULATORY: EU Competition Law: UK Competition Commission Clears Water Merger – Unconditionally for First Time by Suzanne Rab

Owning and buying privatised network utilities in the UK raises regulatory issues, yet there continues to be interest in investing in them. On 31 May 2012, the UK Competition Commission (“CC”) approved the acquisition by...more

REGULATORY: EU Competition Law: Spain fines Endesa for “Unfair” Competition by Suzanne Rab

A decision by Spain’s National Competition Commission (“CNC”) has further highlighted the increasing competition law scrutiny of the energy sector in the European Union and the delicate balance between general competition law...more

Energy Newsletter - July 2012

In This Issue: - TRANSACTIONAL: - Transactions: Mitigating Expropriation Risk of Natural Gas Projects - Chinese investment in U.S. Energy: What works? - REGULATORY: - FERC Issues New Rule to...more

Shots Across The Bow: How FERC’s Recent Actions Demonstrate A Change In Emphasis And Focus For FERC Enforcement

The Federal Energy Regulatory Commission (“FERC”) recently sent several strong signals that it intends to ramp up anti-manipulation enforcement efforts in the energy trading markets, including potentially taking aim at...more

REGULATORY: Global Competition Law: India Coal Complaint Sets Off Explosive Fine by Suzanne Rab

The Competition Commission of India (CCI), India’s antitrust watchdog, has fined ten explosives companies a total of 600 million rupees (approximately USD 11.5 million/ EUR 8.7 million) for rigging bids put out by Coal India...more

ITC Questionnaires Issued in Antidumping Investigation of Large Power Transformers From Korea

The U.S. International Trade Commission (ITC or the Commission) recently issued questionnaires to gather information from industry in connection with its final injury investigation of imports of large power transformers from...more

Smart Grid Technology Implicates New Privacy Concerns

The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage. That data would then be sent to utilities through a...more

Municipality Monopoly Is Not Fun For Everyone

Originally published in Law360, New York (February 24, 2012). Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities. On Jan. 17, 2012, the U.S. Supreme Court let...more

FERC Reaffirms its Policies on Analyzing Horizontal Market Power

In an order issued on February 16, 2012 (February 16 Order), the Federal Energy Regulatory Commission (FERC) reaffirmed its policies regarding horizontal market power analyses under Sections 203 and 205 of the Federal...more

FERC Reaffirms Merger Policy; Does Not Adopt DOJ/FTC 2010 Horizontal Merger Guidelines

Public utilities could face different levels of scrutiny in merger reviews before the U.S. Federal Energy Regulation Commission, and the Department of Justice and the Federal Trade Commission (the Antitrust...more

DOJ Finds Antitrust Violation in Joint Bid for Oil & Gas Leases

The U.S. Department of Justice’s recent action challenging a joint bidding arrangement for natural gas leases highlights the antitrust risks of joint bids.  This newsletter describes considerations parties...more

Antitrust Inspections in The Energy Exchange Market

On 7 February, the European Commission (EC) and the European Free Trade Association (EFTA) Surveillance Authority conducted unannounced inspections in the energy exchange market. Representatives of Nord Pool Spot...more

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