General Business Antitrust & Trade Regulation Energy & Utilities

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9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring...more

Competition News July-August 2015

French merger control: The Competition Authority agrees to approve the prospective acquirer of assets sold by the purchaser - On May 15, 2015, the Competition Authority authorized, subject to certain conditions, the...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

[Event] Financial Distress in the Energy Sector: Managing Exposure and Leveraging Opportunities - July 23, Boston, MA

Locke Lord is pleased to bring this important and timely discussion to Boston. By leveraging the extensive experience our lawyers bring to the table from the energy, restructuring & insolvency and private equity sectors, we...more

Competition News, June 2015

It is a cardinal rule of antitrust that – absent very limited exceptions – parties can do business, or refuse to do business, with whomever they choose. The Supreme Court solidified that premise in United States v. Colgate &...more

U.S. Supreme Court Lets Natural Gas Act Preemption Seep Away

In Oneok, Inc. v. Learjet, Inc., No. 13-271 (April 21, 2015), the U.S. Supreme Court held in a 7-2 opinion that state law antitrust claims against defendant natural gas pipeline companies did not fall within the field of...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...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

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

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

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

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

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

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

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

Solar Installer Alert: US Dept. of Commerce Issues Affirmative Final Determinations in Chinese and Taiwanese Solar CSPV Products...

On December 16, 2014, the U.S. International Trade Administration (ITA, part of the U.S. Department of Commerce) issued Affirmative Final Determinations in the alleged unfair subsidy investigation against Crystalline Silicon...more

Halliburton’s Acquisition of Baker Hughes Likely to Receive Close Antitrust Scrutiny from Department of Justice

On November 17, 2014, Halliburton Company (“Halliburton”) announced plans to acquire Baker Hughes, Inc. (“Baker Hughes”) for $34.6 billion. Halliburton and Baker Hughes are two of the world’s largest oilfield services...more

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

ML Strategies’ Energy & Environment Update: July 2014 #4

For several years, solar arrays utilizing silicon photovoltaics have been central to driving the exponential growth of installed domestic solar capacity. However, an ongoing trade war spanning three continents and impacting...more

U.S. Commerce Department Imposes Preliminary Antidumping Duties on CSPV Products Sourced from Taiwan and China

As we first reported on Twitter, the International Trade Administration of the U.S. Department of Commerce (“ITA”) announced in a Fact Sheet on July 25, 2014, its Affirmative Preliminary Determination that certain Chinese and...more

Certification Requirements Imposed on Solar Cells from Taiwan and the People’s Republic of China

On July 25, 2014, the U.S. Department of Commerce (Commerce) announced its antidumping duty preliminary determinations involving Certain Crystalline Silicon Photovoltaic Products from Taiwan and the People’s Republic of...more

China Update - July 2014 #2

In This Issue: - Quote of the Week - U.S-China Relations - Energy & Environment - Trade - Excerpt from U.S.-China Relations: U.S.-China Counterterrorism Dialogue - On July 15,...more

Focus on Regulatory Law - July 2014

In This Issue: - Regulation Authorities ..French Competition Authority ..Securities and Market Authority ..Audiovisual Council ..Authority for the Regulation of Electronic Communications -...more

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