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Antitrust & Trade Regulation Energy & Utilities Mergers & Acquisitions

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

National security reviews 2017: A global perspective — Japan

by White & Case LLP on

Past deals have almost all been approved, but 2017 amendments to FEFTA widened the scope of review and strengthened enforcement mechanisms - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of...more

National security reviews 2017: A global perspective — Australia (Updated)

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

Corruption Crime and Compliance Podcast Episode 2 -- Ethics and Profits

by Michael Volkov on

With the increased focus on corporate culture, chief compliance officers have to educate the board and senior management on the inextricable link between an ethical culture and financial profitability. In this episode of...more

Future Impacts of Valero’s Decision to Abandon Martinez Terminal

by Holland & Knight LLP on

Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

by Dentons on

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

FTC Approves Final Consent Order Allowing Enbridge and Spectra Merger

by Reed Smith on

The Federal Trade Commission has approved the merger between Enbridge and Spectra, following the parties’ acceptance of certain terms designed to preserve competition between natural gas pipelines in the Gulf of Mexico. The...more

THE LATEST: FTC Determines Behavioral Remedies are Sufficient to Fix Offshore Natural Gas Pipeline Overlap

by McDermott Will & Emery on

The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation...more

Getting the Deal Through — Electricity Regulation 2017: United Kingdom

by White & Case LLP on

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - Following the EU Referendum held on 23 June 2016, a new prime minister was appointed...more

New barriers to foreign investment in UK strategic infrastructure

by Dentons on

Following the government's recent decision to proceed with the Hinkley Point C nuclear power station project (Hinkley Point), ministers are planning a new legal framework for future foreign investment in Britain's critical...more

National security reviews: A global perspective — Australia

by White & Case LLP on

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

National security reviews: A global perspective — Russian Federation

by White & Case LLP on

Russia targets 45 "strategic activities" that trigger a national review. The Government Commission on Control Over Foreign Investments in the Russian Federation (the Government Commission), which was established by the...more

Energy Sector Alert Series: Antitrust and Acquisition of Partial Ownership Interests—What Energy Companies Should Know

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Israel’s Anti-Concentration Law Presents Unique PE Opportunity

by Latham & Watkins LLP on

In December 2013, Israel introduced new legislation — the Law for the Promotion of Competition and Reduction of Concentration — designed to break the dominance of large corporations and strengthen competition in the country’s...more

ValueAct Settlement Marks Record Penalty in Heightened Agency Efforts Against HSR Act Violations

Where is the line drawn between acquisitions of securities made “solely for the purpose of investment” on one hand, and influencing control, thereby requiring regulatory approval, on the other hand? That is the central...more

European Commission Asserts Broad Power to Scrutinize Transactions Involving Chinese State-Owned Enterprises

by Latham & Watkins LLP on

EC decision considering the control over SOEs may have far-reaching implications for future transactions of all Chinese SOEs in Europe. In its recent decision in Case COMP/M.7850 - EDF / CGN / NNB Group of Companies, the...more

Your daily dose of financial news The Brief – 5.9.16

by Robins Kaplan LLP on

Friday’s jobs report underwhelmed, but it shouldn’t necessarily put off a June rate hike by the Fed, says the Journal, especially given the news that wages climbed last month – WSJ... Fair Game got downright monarchical...more

Antitrust Lessons from Oil Giants’ Proposed Merger

In perhaps an unsurprising move, last week the U.S. Department of Justice filed a civil antitrust lawsuit challenging the merger of Halliburton and Baker Hughes, the first and third largest oilfield services companies in the...more

DOJ Sues to Block Halliburton's Purchase of Competitor Baker Hughes

Nearly a year and a half after the deal was announced, on April 6, 2016, the U.S. Department of Justice (DOJ) challenged Halliburton's proposed $35 billion acquisition of rival oilfield services provider Baker Hughes. The DOJ...more

Energy & commodities: portfolio acquisitions

by Reed Smith on

There have been a number of trading portfolios acquired and disposed of in the commodities trading sector in the last 18 to 24 months (commodities acquisition(s)). This activity has been due to a number of factors, such as...more

Ofgem’s certification review of the Blue Transmission Companies

by White & Case LLP on

On 4 February 2016 Ofgem published a decision reviewing the certification status of the Blue Transmission Companies (“BTCs”). The review follows two other previous Ofgem decisions. The reasoning of Ofgem and the EU Commission...more

Skadden Energy Law Handbook - Third Edition (Dec. 2015)

Skadden’s Energy Regulatory and Litigation Group is pleased to provide the third edition of the Skadden Energy Law Handbook. This edition includes updates on recent developments, as well as a summary of those developments....more

Competition News July-August 2015

by Dentons on

French merger control: The Competition Authority agrees to approve the prospective acquirer of assets sold by the purchaser - On May 15, 2015, the Competition Authority authorized, subject to certain conditions, the...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

by Bracewell LLP on

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

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