Antitrust & Trade Regulation Energy & Utilities Civil Procedure

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Competition and Regulation Update: Amendments To The Electricity And Gas Limited Merits Review Regime: It's All About The NEO/NGO

The South Australian parliament yesterday passed amendments to the National Electricity Law (NEL) and National Gas Law (NGL) to give effect to the policy position of the Standing Council on Energy and Resources (SCER) in...more

SCC to Consider Use of Criminal Wiretaps in Class Actions

On June 2012, the Supreme Court of Canada announced that it would hear appeals in two matters from Quebec (Imperial Oil v Simon Jacques and Couche-Tard Inc v Simon Jacques) that may determine whether and to what extent wire...more

REGULATORY: UK Competition Law: Application of Competition Law to the Energy Sector: Changes to UK Concurrency Regime

The UK government has tabled reforms to UK competition law which could allow the removal of the “concurrent” powers of sector regulators to apply competition law. The changes extend to the energy sector and beyond, raising...more

REGULATORY: EU Competition Law: Greek Public Power Company Wins EU Court Challenge

The EU General Court has decided in favour of the Greek state-owned power company Public Power Corporation (PPC) against a European Commission decision sanctioning the utility’s continued virtual monopoly rights over lignite...more

Energy Newsletter - October 2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration: Extra Heavy Crude Oil: An Increased Potential for International Disputes by Louis-Alexis Bret - International Arbitration: Second Circuit Clarifies...more

REGULATORY: EU Competition Law: EU General Court Slashes E.ON and GDF Antitrust Fines By Suzanne Rab

The European Commission (Commission) fined E.ON and GDF Suez over EUR 1 billion for an alleged market sharing agreement dating back to the 1970s. On 29 June 2012, the EU’s second-highest court, the General Court, gave...more

Giving Robinson-Patman New Life In The 6th Circ.

Originally published in Law360, New York (July 06, 2012, 12:44 PM ET) In Williams v. Duke Energy International Inc., No. 10-3604 (6th Cir. June 4, 2012), the U.S. Court of Appeals for the Sixth Circuit rejected a Rule...more

REGULATORY: EU Competition Law: EU Internal Energy Market Legislation Not Fully in Force By Suzanne Rab

The Electricity and Gas Directives of the EU’s Third Energy Package were required to be implemented in EU national legislation by March 3, 2011 (with a year’s grace period until March 3, 2012 for unbundling rules). In our...more

Ninth Circuit Revives Sherman Act Claim Against Oil Companies, Recasting Conspiracy Under Rule of Reason

Despite the California Supreme Court's conclusion that gasoline purchasers failed even to imply a price-fixing conspiracy among major oil companies, the Ninth Circuit U.S. Court of Appeals has allowed wholesale gasoline...more

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