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Antitrust & Trade Regulation International Trade Energy & Utilities

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

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

Australian Government Further Tightens FIRB Controls, Now Over Critical Electricity Assets

by Jones Day on

In early 2016, the Australian Government announced the introduction of new standard tax conditions and appeared to indicate that the conditions would be applied universally to all foreign investment approvals. Later that...more

Trump Administration Announces New Tariffs on Imported Solar Cells and Modules

Following months of speculation, on January 23, 2018, the Trump Administration issued a Proclamation announcing new tariffs on imported solar cells and modules (the “Solar Tariff”) in response to the Section 201 petition...more

201 Trade Case Update: Trump Administration Imposes Tariff on Imported Solar Panels

by Foley & Lardner LLP on

After months of uncertainty, the Trump administration announced on Monday that it is imposing a 30% tariff on imported solar cells and modules, which will step down 5% each year thereafter for a duration of four years. In...more

Business Litigation Report - December 2017

English Fraud Litigation: Weapons of Mass Destruction - Imagine if you could have your opponent’s premises searched, his Gmail, Hotmail, and Yahoo accounts secretly monitored, his assets frozen, his passport seized, and...more

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

Energy Newsletter - November 2017

by King & Spalding on

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

ITC Proposes Tariffs in Solar Trade Case

by Foley & Lardner LLP on

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar...more

Japan: De-Regulation, The Japan Fair Trade Commission and Take or Pay Disputes

by King & Spalding on

1. INTRODUCTION - Historically, the Japanese gas and electricity markets could best be described as a collection of regional monopolies, each with its own energy champion (the “Japanese Incumbents”). In more recent...more

The Perils of Compliance with the Russia Sanctions Program

by Michael Volkov on

The Ukraine-Russia Sanctions program is a complex set of executives orders, statutes and regulations defining prohibited business transactions with Russian entities and individuals. The sanctions program was instituted in...more

Podcast Episode 5 -- Tom Fox Interview

by Michael Volkov on

Corruption, Crime & Compliance is pleased to welcome Tom Fox, the Compliance Evangelist, for an interesting interview on Tom's career, his vast compliance program and writing network, and his interesting perspectives on the...more

France Moves Toward Ending All Regulated Tariffs for Natural Gas Sales

by Jones Day on

The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

by Foley & Lardner LLP on

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to...more

ITC Decision Could Cloud Outlook for Solar Project Developers

by Jones Day on

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused...more

Remedy Phase Begins after ITC Finds that Imports Injured US Solar Industry

Today the US International Trade Commission (ITC) issued a unanimous decision under Section 201 of the Trade Act of 1974 that imported solar panels are the “substantial cause” of serious injury or the threat of serious injury...more

Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

by Jones Day on

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

ITC Holds Section 201 Hearing on Solar Imports

On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the...more

The Japan Fair Trade Commission Has Said No to LNG Resale Restrictions—What Does This Mean for Japanese and Non-Japanese LNG...

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

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

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

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Japan LNG Import Contracts – The JFTC Reports

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

JFTC questions the validity of destination clauses in LNG SPAs

by White & Case LLP on

On 28 June 2017, the Japan Fair Trade Commission ("JFTC") issued a report regarding its "Survey on LNG Trades" based on questionnaires and interviews with Japanese and non-Japanese buyers and sellers of LNG (the "Report")....more

Japan Fair Trade Commission Survey of LNG Trades

by King & Spalding on

On 28 June 2017, the Japan Fair Trade Commission (the “JFTC”) published its highly anticipated “Survey on LNG Trades” (the “Survey”) that reviews the impact of destination restrictions on long term LNG imports into Japan and...more

ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

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