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Antitrust & Trade Regulation Energy & Utilities International Trade

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

ITC Holds Section 201 Hearing on Solar Imports

On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the...more

The Japan Fair Trade Commission Has Said No to LNG Resale Restrictions—What Does This Mean for Japanese and Non-Japanese LNG...

In June 2017, the Japan Fair Trade Commission (JFTC) issued its conclusion on an earlier market study on liquefied natural gas (LNG) resale restrictions and cautioned that (i) destination clauses, (ii) diversion clauses,...more

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Japan LNG Import Contracts – The JFTC Reports

The Japanese Fair Trade Commission (JFTC) on June 28, 2017 issued its much-anticipated report into the state of the market for contracted long term LNG supplies into Japan?. The report made a number of key observations....more

JFTC questions the validity of destination clauses in LNG SPAs

by White & Case LLP on

On 28 June 2017, the Japan Fair Trade Commission ("JFTC") issued a report regarding its "Survey on LNG Trades" based on questionnaires and interviews with Japanese and non-Japanese buyers and sellers of LNG (the "Report")....more

Japan Fair Trade Commission Survey of LNG Trades

by King & Spalding on

On 28 June 2017, the Japan Fair Trade Commission (the “JFTC”) published its highly anticipated “Survey on LNG Trades” (the “Survey”) that reviews the impact of destination restrictions on long term LNG imports into Japan and...more

ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more

Getting the Deal Through: Gas Regulation 2017

by Dentons on

Two of our lawyers recently co-authored the Global Overview of Getting the Deal Through: Gas Regulation 2017. Dentons' lawyers also authored the Mexico and United Kingdom chapters. This publication provides expert local...more

The review and renegotiation of Japanese LNG import contracts

Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a...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

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

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

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

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

Israel’s Anti-Concentration Law Presents Unique PE Opportunity

by Latham & Watkins LLP on

In December 2013, Israel introduced new legislation — the Law for the Promotion of Competition and Reduction of Concentration — designed to break the dominance of large corporations and strengthen competition in the country’s...more

European Commission Asserts Broad Power to Scrutinize Transactions Involving Chinese State-Owned Enterprises

by Latham & Watkins LLP on

EC decision considering the control over SOEs may have far-reaching implications for future transactions of all Chinese SOEs in Europe. In its recent decision in Case COMP/M.7850 - EDF / CGN / NNB Group of Companies, the...more

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