Energy & Utilities Law, Mergers & Acquisitions, Administrative Law

Canadian Government Approves CNOOC’s Acquisition of Nexen

by Robert Bradford "Brad" Farrar | Morgan Lewis on 12/26/2012

Monumental US$15.1 billion acquisition results in the largest foreign acquisition by a Chinese company to date. On December 7, the Canadian government approved the acquisition of Calgary, Alberta–based petroleum company...more

The Shale Play Today - December 2012

by R. Christopher Anderson, Nathan B. Atkinson | Spilman Thomas & Battle, PLLC on 12/24/2012

In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in Marcellus...more

North Carolina Regulators Find Fault With Duke Energy’s Bait And Switch

by Kathleen Wailes | LEVICK on 12/13/2012

When Duke Energy first approached Progress Energy about a potential merger in early 2011, Duke CEO James E. Rogers assured Progress CEO William D. Johnson that he was willing to take the position of executive chairman and...more

Focus on Foreign Investment: Canada Gives Green Light to CNOOC and Petronas Deals, But Red Light to Future SOE Takeovers in Oil...

by Sandy Walker | Dentons on 12/12/2012

On Friday, December 7th, the Canadian Government approved two controversial takeovers of Canadian companies under the Investment Canada Act, Canada’s foreign investment review legislation: the acquisition of oil and gas...more

Canadian Government Adjusts Rules for Foreign Investment

by Donald E. Greenfield Q.C., Y. Beth Riley | Bennett Jones LLP on 12/11/2012

On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign state-owned enterprises (SOEs): of Nexen Inc. by China National Offshore...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

PETRONAS Decision Signals Feds' Caution on SOE Investment Reviews

by Bennett Jones LLP on 11/8/2012

On October 19, 2012, minutes prior to the expiry of the review period mandated by the Investment Canada Act (ICA), the Minister of Industry, Christian Paradis, announced that he was rejecting the proposed acquisition of...more

Government Rejects Petronas-Progress Transaction: Is Rejection the New Reality for Foreign Investors?

by Osler, Hoskin & Harcourt LLP on 10/22/2012

At three minutes to midnight on Friday, October 19, 2012, Industry Minister Christian Paradis advised Malaysian state-owned PETRONAS that it had not demonstrated that its proposed acquisition of Calgary-based Progress Energy...more

"Obama Administration Blocks Chinese Purchase of Wind Farms on National Security Grounds"

by Skadden, Arps, Slate, Meagher & Flom LLP on 9/28/2012

Citing “credible evidence” that led him to believe that the Chinese-owned Ralls Corporation or its subsidiaries or affiliates “might take action that threatens to impair the national security of the United States,” President...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

The Canadian Oil Sands: A Backgrounder: Structuring your Transaction or Project

by Bennett Jones LLP on 6/21/2012

Valuation - Land sale spending in Alberta surged in 2010 due to a combination of new plays, enhanced oil sands technologies and a rebound in oil prices. From April 2010 to March 2011, 365,969 hectares of Crown oil...more

Changes to the Mineral Tenure Act Regulation

by Dentons on 6/15/2012

The good news is that many of the current registration fees will be eliminated including fees for registration of exploration and development work, registration of payment of cash in lieu of work, registration of portable...more

Transactions: Corporate/London: M&A: The Importance of Bribery and Corruption Due Diligence - A UK Perspective

by King & Spalding on 3/12/2012

With M&A activity in the energy sector still buoyant, particularly in developing economies, the need for effective and risk sensitive diligence into potential bribery and corruption by target entities is becoming more...more

Energy Newletter - March 2012

by King & Spalding on 3/2/2012

In This Issue: TRANSACTIONAL Transactions The Top 10 Issues Facing the LNG Industry in 2012 Philip Weems, Matt Salo With numerous technological, commercial, and geopolitical factors...more

FERC Reaffirms its Policies on Analyzing Horizontal Market Power

by King & Spalding on 2/29/2012

In an order issued on February 16, 2012 (February 16 Order), the Federal Energy Regulatory Commission (FERC) reaffirmed its policies regarding horizontal market power analyses under Sections 203 and 205 of the Federal...more

FERC Reaffirms Merger Policy; Does Not Adopt DOJ/FTC 2010 Horizontal Merger Guidelines

by McDermott Will & Emery on 2/27/2012

Public utilities could face different levels of scrutiny in merger reviews before the U.S. Federal Energy Regulation Commission, and the Department of Justice and the Federal Trade Commission (the Antitrust...more

China’s MOFCOM to Review Merger in Gas Market

by McDermott Will & Emery on 2/27/2012

Recently, ENN Energy Holdings Limited and China Petroleum & Chemical Corporation jointly announced the acquisition of all outstanding shares in China Gas Holdings Limited. This acquisition triggers a requirement...more

FERC Reaffirms Policy for Assessing Horizontal Market Power

by Morgan Lewis on 2/21/2012

On February 16, the Federal Energy Regulatory Commission (FERC) issued an order that reaffirms its existing policies regarding the analysis of horizontal market power when reviewing mergers and other transactions under...more

Summary of FERC Meeting Agenda - February 2012

by White & Case LLP on 2/15/2012

In This Issue... - Administrative Items - Electric Items - Gas Items - Hydro Items Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 16,...more

REGULATORY: Converging On Federal Reviews Of Electricity Mergers

by King & Spalding on 2/3/2012

Although the Federal Energy Regulatory Commission and the U.S. Department of Justice have in large part concurrent jurisdiction over electricity mergers, the two agencies have coordinated little in their review of...more

FERC Imposes Conditions on Proposed Duke - Progress Merger

by Poyner Spruill LLP on 10/17/2011

The Federal Energy Regulatory Commission issued an order on September 30, 2011 that conditionally approved the proposed merger of Duke Energy and Progress Energy, but stated that issues regarding competition must be resolved...more

Inside M&A - July/August 2011

by McDermott Will & Emery on 9/1/2011

In This Issue: The Top 5 Traps in Energy M&A Transactions The Top 5 Traps in Distressed M&A Transactions The Top 5 Traps in Energy M&A Transactions by Blake H. Winburne and Matthew R. Archer Energy M&A...more

Southern California Edison Announces Revisions To Crest Ppa

by Wilson Sonsini Goodrich & Rosati on 6/29/2011

Southern California Edison (SCE) recently announced revisions to the pro forma power purchase agreement (PPA) governing the California Renewable Energy Small Tariff (CREST) acquisition program. CREST is designed to be “a...more

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Energy & Utilities Law › Mergers & Acquisitions › Administrative Law