Energy & Utilities Law, International Law & Trade, Antitrust & Trade Regulation

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

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: 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

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

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

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

REGULATORY: Global Competition Law: Competition Commission of India goes full power with investigation against Coal India— A Study...

by King & Spalding on 10/12/2012

The Competition Commission of India (CCI) has started an investigation against Coal India Limited (CIL) alleging unfair trade practices and abuse of a dominant position in the supply of coal to power producers. If the...more

Commerce Department Upholds Tariffs on Chinese Photovoltaic Cells

by Ballard Spahr LLP on 10/12/2012

The U.S. Department of Commerce (Commerce) is upholding tariffs it proposed earlier this year on imports of Chinese crystalline silicon photovoltaic (PV) cells and panels. The decision is the agency’s final determination in...more

REGULATORY: EU Competition Law: Greek Public Power Company Wins EU Court Challenge

by King & Spalding on 10/11/2012

The EU General Court has decided in favour of the Greek state-owned power company Public Power Corporation (PPC) against a European Commission decision sanctioning the utility’s continued virtual monopoly rights over lignite...more

Energy Newsletter - October 2012

by King & Spalding on 10/3/2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration: Extra Heavy Crude Oil: An Increased Potential for International Disputes by Louis-Alexis Bret - International Arbitration: Second Circuit Clarifies...more

Trade & Manufacturing Alert - October 2012

by King & Spalding on 10/2/2012

In This Issue: -01 The 2012 Republican And Democratic Party Platforms On International Trade -03 Argentine Protectionism -04 Solar Trade Wars Continue To Escalate -04 Advocacy Groups Challenge The Validity Of WTO...more

Energy Newsletter - September 2012

by King & Spalding on 9/1/2012

In This Issue: - REGULATORY: - Environmental: EPA’s Rules Affecting the U.S. Power Sector; Taking On EPA’s Rules Effectively Banning New Coal-Fired Generation - EU Competition Law: Czech Energy...more

Anti-Corruption Compliance Message Received? Risk Assessment Is Your Next Step

by John Boscariol on 8/15/2012

Recent enforcement activities in Canada under its Corruption of Foreign Public Officials Act (CFPOA), including the conviction of Niko Resources Ltd. (Niko) in June of last year and ongoing high-profile Royal Canadian Mounted...more

REGULATORY: EU Competition Law: EU General Court Slashes E.ON and GDF Antitrust Fines By Suzanne Rab

by King & Spalding on 8/6/2012

The European Commission (Commission) fined E.ON and GDF Suez over EUR 1 billion for an alleged market sharing agreement dating back to the 1970s. On 29 June 2012, the EU’s second-highest court, the General Court, gave...more

REGULATORY: EU Competition Law: UK Competition Commission Clears Water Merger – Unconditionally for First Time by Suzanne Rab

by King & Spalding on 7/10/2012

Owning and buying privatised network utilities in the UK raises regulatory issues, yet there continues to be interest in investing in them. On 31 May 2012, the UK Competition Commission (“CC”) approved the acquisition by...more

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Energy & Utilities Law › International Law & Trade › Antitrust & Trade Regulation