Energy & Utilities Law, Antitrust & Trade Regulation

Weekly eDiscovery Top Story Digest - May 8, 2013

by Rob Robinson on 5/8/2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

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: European Commission clears the acquisition of TNK-BP by Rosneft

by King & Spalding on 4/16/2013

The European Commission (“Commission”) has approved without conditions Rosneft’s US$ 54.8 billion acquisition of TNK-BP. The Commission’s 8 March approval came two months after the Russian Federal Antimonopoly Service (“FAS”)...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

Advertising News & Analysis - March 28, 2013

by Edward Boyle, Emilio W. Cividanes, Michael Hartmere, Stuart P. Ingis, Jeffrey D. Knowles, Jacqueline Levasseur Patt, Michael A. Sartori, Ph.D., Janet F. Satterthwaite | Venable LLP on 4/1/2013

In this issue: - FTC Reopens Comment Period on Proposed Changes to EnergyGuide Labels - Venable’s Advertising Practice Named to Chambers USA Shortlist - Protect Your Brand Against New Top-Level Domain...more

REGULATORY: UK Competition Law: Application of Competition Law to the Energy Sector: Changes to UK Concurrency Regime

by King & Spalding on 3/8/2013

The UK government has tabled reforms to UK competition law which could allow the removal of the “concurrent” powers of sector regulators to apply competition law. The changes extend to the energy sector and beyond, raising...more

Trade & Manufacturing Alert - March 2013

by King & Spalding on 3/5/2013

In This Issue: - President Obama Announces Plan To Launch Talks On Transatlantic Trade And Investment Partnership; Formal Notice To Congress Will Follow - China Issues Guidelines For The Development Of Energy...more

Energy Newsletter - March 2013

by King & Spalding on 3/4/2013

In This Issue: *REGULATORY: - U.S. Regulatory; EU Regulatory: Cybersecurity Efforts to Secure Critical Infrastructure including the Energy Sector Advance in the United States and European Union -...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

by King & Spalding on 2/7/2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...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

Energy Innovation: Monopoly vs. Competition

by Bruce Goodman | Varnum LLP on 1/25/2013

When does a monopoly hinder innovation? I would assert the answer is “always.” The American free enterprise system thrives on competition. The search for a better mousetrap has long been touted as the driver of innovation....more

REGULATORY: International Trade: Energy Discrimination And International Rules In Hard Times: What’s New This Time Around, And...

by King & Spalding on 1/25/2013

International trade and investment in the energy sector takes place in a framework of treaties based on the conviction that all boats rise on the tide of free trade and underpinned by legal obligations, including the...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

FTC Report Shows that Oil Sector and Pharmaceutical Sector Mergers Are Under the Antitrust Spotlight

by MIke Cowie, Michael Weiner | Dechert LLP on 1/23/2013

The U.S. Federal Trade Commission (“FTC”) issued a data report on January 4 regarding its horizontal merger investigation and enforcement action record over the past fifteen years. The report shows, sector by-sector, the...more

REGULATORY: EU Competition Law: Twenty Million Euro: The Price for Merging Without European Commission Approval by Suzanne Rab

by King & Spalding on 1/21/2013

The European Union’s second-highest court upheld a fine of EUR 20 million (approximately USD 26 million) against Electrabel (a division of GDF Suez) for early implementation of a merger without notifying and seeking prior...more

New Biogas Rules to be Considered at California Public Utilities Commission

by Clothilde Hewlett, Jill Jaffe, Martin Mattes, Josh Rosa | Nossaman LLP on 1/18/2013

Upcoming decisions of the California Public Utilities Commission ("CPUC") on two matters related to biogas will substantially influence market opportunities for instate biogas producers for the foreseeable future. The CPUC is...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

Washington Energy Update - October/November 2012

by Noah A. Brumfield, Caileen N. Gamache, Daniel A. Hagan, Claire Hall, Scott Lincicome, Justin S. Miller | White & Case LLP on 12/4/2012

In This Issue: - When Energy and Antitrust Worlds Collide — Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility - California Cap-and-Trade Scheme -...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

FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 11/16/2012

On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and...more

REGULATORY: D.C Regulatory: The FTC’s Revised Green Guides Provide Direction for Renewable Energy Marketing Claims by Harold Shaw...

by King & Spalding on 11/9/2012

The Federal Trade Commission (“FTC”) recently adopted revised Guides for the Use of Environmental Marketing Claims (“Green Guides”).[1] The 2012 Green Guides, which modify a 1998 version, are not binding regulations but are...more

Energy Newsletter - November 2012

by King & Spalding on 11/7/2012

In This Issue: REGULATORY: Environmental: - Recent Common Sense Decisions on Source Aggregation: A Roadmap for Regulating Oil and Gas Emissions? D.C. Regulatory: - The FTC’s Revised Green Guides...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

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Energy & Utilities Law › Antitrust & Trade Regulation