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In our July 2017 update in AG Speaking Energy, we highlighted that the Japan Fair Trade Commission (JFTC) concluded in its market study that destination clauses, diversion clauses, profit-sharing clauses and take-or-pay...more
• JFTC‘s recent market study on clauses in LNG SPAs indicate that agreements may run afoul of Japanese antimonopoly laws. • EU cases may provide guidance on application of competition law to destination clauses, diversion...more
Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more
The Japan Fair Trade Commission (“JFTC”), Japan’s competition regulator, recently published results of an investigation into destination restrictions in liquefied natural gas (“LNG”) supply contracts. The results of the...more
The Japan Fair Trade Commission (the “JFTC”) recently undertook a survey to review destination restriction clauses in contracts for the sale and purchase of liquefied natural gas (“LNG”). Included at the end of the JFTC’s...more
On June 28, 2017, the Japan Fair Trade Commission ("JFTC") published a report based on a survey conducted from July 2016 to May 2017 ("Report"), concluding that destination restrictions provided in liquefied natural gas...more
In June 2017, the Japan Fair Trade Commission (JFTC) issued its conclusion on an earlier market study on liquefied natural gas (LNG) resale restrictions and cautioned that (i) destination clauses, (ii) diversion clauses,...more
A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more
The Japanese Fair Trade Commission (JFTC) on June 28, 2017 issued its much-anticipated report into the state of the market for contracted long term LNG supplies into Japan?. The report made a number of key observations....more
Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a...more
Japan, the world’s biggest buyer of liquefied natural gas (“LNG”), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts. Historically, LNG suppliers have used...more