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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

Department of Commerce Announces Preliminary Decision to Impose Tariff on Solar Panels Imported From China

Some U.S. solar equipment manufacturers have lauded the Department of Commerce’s recent decision to impose high tariffs on solar panels imported from China as the end of China’s unfair market advantage; however, from the...more

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

China Update - June 2014

In This Issue: - Quote of the week - U.S.-China Relations - Chinese Embassy News - Trade -Excerpt from U.S.-China Relations: White House Statement on Terrorist Attack in China - On May 22,...more

Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg....more

Electrical Steel Investigations Advance

Two important electrical steel trade cases are advancing after affirmative preliminary determinations by the U.S. International Trade Commission (ITC) and the Department of Commerce (Commerce). The first case involves imports...more

U.S. International Trade Commission Issues Preliminary Determination of Injury to US Solar Cell Industry from Imports of Certain...

By a vote on February 14, 2014, the U.S. International Trade Commission (ITC) made a preliminary determination of material injury to the U.S. solar cell manufacturing industry due to low-priced Crystalline Silicon...more

Solar Products from China and Taiwan Face Major New Investigations

On February 14, the U.S. International Trade Commission (“ITC”) voted to go forward with the new antidumping and countervailing duty cases filed on New Year’s Eve by SolarWorld Industries America, Inc., the U.S. solar panel...more

China Announces Final Determinations in Antidumping and Countervailing Duty Investigations into Solar-Grade Polysilicon from Korea...

On January 20, 2014, the Chinese Ministry of Commerce (MOFCOM) published Notice No. 5 [2014], imposing definitive antidumping (AD) duties on imports of solar-grade polysilicon from Korea and the United States. On the same...more

U.S. Industry Files New Allegations Against Solar Products From China And Taiwan

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on...more

New Solar Panel Unfair Trade Cases

On December 31, 2013, SolarWorld Industries America Inc. filed petitions with the U.S. government seeking antidumping and countervailing (anti-subsidy) duties on U.S. imports of Chinese and Taiwanese crystalline silicon...more

Trade & Manufacturing Alert - January 2014

In This Issue: - The Sanctions Divide: The White House Pushes to Ease Trade Restrictions on Iran While Congress Contemplates a New Round of Sanctions Legislation - Energy Industry Helps U.S. Set Exports...more

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a...more

U.S. Subsidiary of SolarWorld Files New AD/CVD Petitions on Chinese-Origin Solar Cells

On December 31, 2013, SolarWorld Industries America, Inc. (“SolarWorld”) – the U.S. subsidiary of Germany-based SolarWorld AG – filed petitions for the imposition of antidumping and countervailing duties (AD/CVDs) on...more

Competition and Regulation Update: Amendments To The Electricity And Gas Limited Merits Review Regime: It's All About The NEO/NGO

The South Australian parliament yesterday passed amendments to the National Electricity Law (NEL) and National Gas Law (NGL) to give effect to the policy position of the Standing Council on Energy and Resources (SCER) in...more

Australian Tax Update: Repeal Of The Carbon Tax – Easy Come Easy Go?

On 15 October 2013, the recently elected Federal Government released a Consultation Paper and exposure draft legislation to repeal the carbon pricing mechanism, otherwise known as the Carbon Tax. The Government...more

EU/China Solar Settlement Becomes Effective

A settlement between the European Union (EU) and the Chinese government on the import of photovoltaic solar cells to the EU became effective on August 6, 2013. The settlement resolves a US $27 billion dumping and subsidy...more

FTC Investigations of Energy and Chemical Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more

Competition Issues In Resources Projects Exclusivity In Supply Chains – July 2013 (Australia)

INTRODUCTION - Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...more

Competition Issues In Resources Projects: Marketing Agreements Between Joint Venture Partners (Australia)

INTRODUCTION - Joint venture structures are frequently used to undertake large resources projects. A joint venture may be used to both develop a project and sell the output from a project. Such joint ventures...more

Procurement and the Competition Act: Recent Guidance from the Alberta Court of Appeal

In a recent ruling involving a joint purchase agreement, the Alberta Court of Appeal held that an agreement between competitors in the oil and gas industry to exclusively use one supplier over another did not constitute an...more

NYISO’s Proposal to Constrain Market Power in New Capacity Zones Approved by FERC

On June 6, 2013, the Federal Energy Regulatory Commission (“FERC”) issued an Order conditionally accepting the New York Independent System Operator, Inc.’s (“NYISO”) proposal to implement buyer-side and supplier-side market...more

Competition Issues In Resources Projects - Sharing Infrastructure (Australia)

INTRODUCTION - Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more

Glencore’s Long March to Take Over Xstrata

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

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

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