News & Analysis as of

Consumer Protection Antitrust & Trade Regulation Energy & Utilities

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

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

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

by Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

ValueAct Settlement Marks Record Penalty in Heightened Agency Efforts Against HSR Act Violations

Where is the line drawn between acquisitions of securities made “solely for the purpose of investment” on one hand, and influencing control, thereby requiring regulatory approval, on the other hand? That is the central...more

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

by WilmerHale on

On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

Will network charges encourage the installation of residential batteries?

by DLA Piper on

It remains to be seen what impact batteries will have on the operation of Australia’s electricity networks. They may become an integral part of those networks, could be used as a substitute for those networks and may...more

Brussels Regulatory Brief: September/October

by K&L Gates LLP on

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Supreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants

On April 21, 2015, the Supreme Court decided Oneok v. Learjet, holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act” even though the claimed violations...more

Supreme Court Preserves States' Power to Protect Consumers But in the Process Blurs Federal Preemption Analysis

by Proskauer Rose LLP on

The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more

Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

Supreme Court Rejects FERC’s Preemption Argument and Permits State Antitrust Claims Against Interstate Pipelines to Proceed

by Stinson Leonard Street on

On April 21, the U.S. Supreme Court issued an opinion in ONEOK, Inc., et al., v. Learjet, Inc. et al holding that state antitrust claims are not pre-empted by the Natural Gas Act. This important decision put the brakes on an...more

Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

by Cozen O'Connor on

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the...more

Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

by Beveridge & Diamond PC on

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

I Prezzi di Benzina e Gasolio: l'Anomalia dell'Italia e Cinque Proposte di Policy

by Nicola Carmine Salerno on

 Alleggerire i vincoli amministrativi sull’apertura dei punti vendita e sui comportamenti dei distributori al dettaglio (delle pompe di rifornimento), mantenendo solo quelli effettivamente necessari a perseguire...more

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