Energy & Utilities Antitrust & Trade Regulation

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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

Supreme Court Update: North Carolina Board Of Dental Examiners V. Federal Trade Commission (13-534), Kansas V. Nebraska (126,...

The robed returned to action with this week with decisions in three cases, North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), on whether state licensing boards enjoy immunity from antitrust laws...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

Analysis: Vote is "Affirmative" in USITC's Final Determination of Injury to U.S. Solar Cell Industry from Imports of CSVP Solar...

By a vote held on January 21, 2015, the U.S. International Trade Commission (USITC) made an affirmative final determination of “material injury” to the U.S. solar cell manufacturing industry due to low-priced Crystalline...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

US China Trade War-Trade, Trade Adjustment, 337/IP, Products Liability

As you may know, the blog posts are getting longer and longer as more trade and other actions take place against China. Because of the length, I, therefore, am breaking this post into two parts. This first post covers Trade,...more

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

Focus on Regulatory Law - December 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - Contracts - Public Health - Comparative Law - Excerpt from Regulatory Authorities: French...more

Department of Commerce Proposes New Solar Tariff on Chinese Panels

On January 2, 2015, the Department of Commerce (“DOC”) announced its preliminary decision regarding Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China (“Chinese...more

FCPA Digest - January 2015

In this issue: - Recent Trends and Patterns in FCPA Enforcement - Foreign Bribery Criminal Prosecution Under the FCPA - Foreign Bribery Civil Actions Instituted by the Department of Justice under the...more

Department of Commerce Reaches Affirmative Determinations on Certain Crystalline Silicon Photovoltaic Products from China and...

On December 16, 2014, the Department of Commerce (“DOC”) reached affirmative final antidumping determinations relating to Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China (“China”) and...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

FTC Staff Comments on New York State Proposal to Transform Power Distribution

In April 2014, the New York Public Service Commission’s (NY PSC) Reforming the Energy Vision (REV) initiative “propose[d] a platform to transform New York’s electric industry . . . with the objective of creating market-based,...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

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

Trade & Manufacturing - October 2014

In This Issue: - Export-Import Bank Is Reauthorized Through June 2015 - Roadblocks to Bali Package Implementation Remain As Summer Deadline Passes Without A Clear Path Forward - Customs Litigation: Federal...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

Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

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

Recent EU Decisions Highlight Risks of “Gun Jumping”

The European Commission (“the Commission”) last month levied a fine of EUR 20 million on Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, for acquiring a 48.5% stake in its competitor Morpol ASA (“Morpol”)...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

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