Antitrust & Trade Regulation, Energy & Utilities Law, Commercial Law & Contracts

Glencore’s Long March to Take Over Xstrata

by Rebecca Campbell, Patrick Ma, John Tivey | White & Case LLP on 4/29/2013

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

by Michael Polkinghorne | White & Case LLP on 4/19/2013

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

REGULATORY: EU Competition Law: EU Competition Law and Joint Sales in LNG

by King & Spalding on 4/16/2013

Liberalization of the EU natural gas sector began almost two decades ago. Since then, the European Commission (the “Commission”) has used various mechanisms to facilitate market opening including competition law enforcement,...more

REGULATORY - Competition Law/Russia: Russia Gives Go-Ahead to Rosneft’s Acquisition of TNK-BP

by King & Spalding on 2/6/2013

The Russian Federal Antimonopoly Service (“FAS”) has cleared Rosneft’s US$ 55 billion acquisition of TNK-BP, subject to divestments and conduct remedies. The deal will reduce the number of major oil companies in Russia from...more

REGULATORY: EU Competition Law: European Commission opens two abuse of dominance inquiries against Bulgarian and Romanian Energy...

by King & Spalding on 1/25/2013

The European Commission (“Commission”) has announced two formal proceedings to investigate potential competition law violations by energy companies in Eastern Europe. The Commission is investigating whether Bulgarian Energy...more

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

by King & Spalding on 12/21/2012

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

REGULATORY: EU Competition Law: The Cost of Compliance – Breaking Seals in European Commission Investigations By Suzanne Rab

by King & Spalding on 12/17/2012

The Court of Justice of the EU (“Court of Justice”) has dismissed an appeal by the German energy company E.ON Energie AG (“E.ON”) against a lower court’s judgment upholding a European Commission (“Commission”) decision...more

FOREIGN CORRUPTION RISK MITIGATION: THE IMPORTANCE OF RECENT US FCPA GUIDANCE TO CANADIAN COMPANIES

by John Boscariol on 11/26/2012

Over the last year and a half, Canadian corporate culture has been undergoing significant change in response to new and vigorous enforcement of the Corruption of Foreign Public Officials Act (CFPOA) by the Royal Canadian...more

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

by Mintz Levin - Energy & Clean Technology on 10/29/2012

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

REGULATORY: Global Competition Law: Competition Commission of India goes full power with investigation against Coal India— A Study...

by King & Spalding on 10/12/2012

The Competition Commission of India (CCI) has started an investigation against Coal India Limited (CIL) alleging unfair trade practices and abuse of a dominant position in the supply of coal to power producers. If the...more

Commerce Department Upholds Tariffs on Chinese Photovoltaic Cells

by Ballard Spahr LLP on 10/12/2012

The U.S. Department of Commerce (Commerce) is upholding tariffs it proposed earlier this year on imports of Chinese crystalline silicon photovoltaic (PV) cells and panels. The decision is the agency’s final determination in...more

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

by Skadden, Arps, Slate, Meagher & Flom LLP on 9/24/2012

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

by King & Spalding on 8/6/2012

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

Energy Newsletter - July 2012

by King & Spalding on 7/1/2012

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

Clash of the (Electric Vehicle Charging Station) Titans: ECOtality v. NRG

by McCarter & English: Climate Change &... on 5/28/2012

NRG is settling the PUC’s claim to resolve price-gouging allegations of nearly $1 billion. Payment of $122,500,000, combined with an earlier payment of almost $300 million “captures significant value for California under...more

REGULATORY: Global Competition Law: Pakistan’s Competition Commission grants Leniency in Electrical Products Cartel by Suzanne Rab

by King & Spalding on 5/15/2012

In a landmark decision on 4 April 2012, Pakistan’s Competition Commission (CCP) granted Siemens total immunity from fines for its cooperation in a cartel investigation relating to bid rigging in supplies to power companies....more

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

by King & Spalding on 5/14/2012

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

by Sutherland Asbill & Brennan LLP on 5/8/2012

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

Energy Newsletter - May 2012

by King & Spalding on 5/3/2012

In This Newsletter: - TRANSACTIONAL ..2012 AIPN Model International Joint Operating Agreement – A New Industry Standard? By Jennifer Josefson In February 2012, AIPN published the 4th version of its model Joint...more

Electric Vehicles & Competition Law

by Carsten Reimann on 4/20/2012

Assessments of electriv vehivles (EVs) in new European competition law framework (excerpt from a book by Professor Bellis)...more

Parliament and Council question the extent of the proposed revision to the EU public procurement regime

by White & Case LLP on 3/14/2012

Since the end of February, debates have been ongoing in both the European Parliament and in the Council on the proposed revision to the EU public procurement regime. As part of an overall review of the EU public procurement...more

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

by McDermott Will & Emery on 2/24/2012

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

Energy Newsletter - February 2012

by King & Spalding on 2/2/2012

In This Issue: - REGULATORY: - U.S. Antitrust/FERC: Converging On Federal Reviews Of Electricity Mergers - EU/UK Competition Law: Natural resources and keeping your head above water in the EU - Environmental:...more

FERC Imposes Conditions on Proposed Duke - Progress Merger

by Poyner Spruill LLP on 10/17/2011

The Federal Energy Regulatory Commission issued an order on September 30, 2011 that conditionally approved the proposed merger of Duke Energy and Progress Energy, but stated that issues regarding competition must be resolved...more

PMPA Franchise Agreement Disavowing Plaintiff's Claim to an Exclusive Market and Geographic Territory Trumps Alleged Oral...

by Sheppard Mullin Richter & Hampton LLP on 6/12/2009

Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009) In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more

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Antitrust & Trade Regulation › Energy & Utilities Law › Commercial Law & Contracts