Antitrust Issues In Renewable Energy

Vinson & Elkins LLP
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Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of electricity generation in the United States1 and Europe,2 and with the industry’s increasing size and success, antitrust issues are likely to multiply. As just one example of the antitrust issues that dealmakers face, a total deal value of $94 million—no longer unusual in this space—will trigger a mandatory “HSR” merger control filing in the U.S. (unless a deal is otherwise exempt), and many non-U.S. jurisdictions have similar merger control regimes and thresholds. Industry participants therefore need to learn the rules, and be prepared...

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