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Preemption argument runs out of steam as Ninth Circuit revives natural gas case

  • Constantine Cannon LLP
  • -
  • USA
  • -
  • April 25 2013

The U.S. Court of Appeals for the Ninth Circuit has revived plaintiffs' state antitrust claims in In re: Western States Wholesale Natural Gas

Alleged agreement between Chesapeake Energy and EnCana Corporation to suppress prices for mineral rights highlights the antitrust risks facing energy companies

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 3 2012

Recently published reports of land acquisition activities between Chesapeake Energy and EnCana senior executives will likely expose those companies to a Department of Justice (DOJ) antitrust investigation and challenge, as well as, if accurate, civil antitrust claims

Delaware Court of Chancery refuses to enjoin merger - shareholders overwhelmingly approve transaction

  • Herrick Feinstein LLP
  • -
  • USA
  • -
  • March 27 2012

The Delaware Court of Chancery refused to enjoin a proposed merger between El Paso Corporation and Kinder Morgan, Inc., two of North America's largest independent natural gas exploration and production companies, despite conflict of interest claims related to Goldman Sachs' involvement on both sides of the transaction and conflicting interests of El Paso's CEO

Morgan Stanley to disgorge profits earned from anticompetitive derivative agreements

  • Hogan Lovells
  • -
  • USA
  • -
  • December 9 2011

On 30 September 2011, the Department of Justice (DOJ) announced a settlement with Morgan Stanley, describing it as a "signal to the financial services community that use of derivatives for anticompetitive ends will not be tolerated."

EU General Court slashes E.ON and GDF antitrust fines

  • King & Spalding LLP
  • -
  • USA
  • -
  • August 1 2012

The European Commission (Commission) fined E.ON and GDF Suez over EUR 1 billion for an alleged market sharing agreement dating back to the 1970s

Sixth Circuit uses some old Supreme Court cases to give Robinson-Patman Act new life

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 27 2012

In Williams v. Duke Energy International, Inc., No. 10-3604 (6th Cir. June 4, 2012), the Sixth Circuit rejected a Rule 12(b)(6) challenge to a Robinson-Patman claim against Duke Energy for discriminatory pricing of retail electricity

Natural gas companies settle antitrust suit stemming from joint bidding

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 25 2013

On Monday, April 22, 2013, after rejecting the initial settlement agreement, Judge Richard Matsch (D. Colo.) approved a revised settlement of a suit

Recent DOJ settlement highlights the risks associated with certain joint bid or non-bid arrangements

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 28 2012

Two natural gas developers this month agreed to pay a total of $550,000 to settle claims that they violated the Sherman Act and the False Claims Act by engaging in an anticompetitive bidding arrangement

A new critical path for utility mergers: FERC declines to adopt DOJFTC framework for merger and market-based rates analysis

  • Hogan Lovells
  • -
  • USA
  • -
  • February 17 2012

Yesterday, the Federal Energy Regulatory Commission (FERC) took a decidedly different approach to its regulatory approval for mergers and acquisitions of electric utilities by declining to adopt the Department of Justice’s (DOJ) and the Federal Trade Commission’s (FTC) (collectively “Antitrust Agencies”) 2010 Horizontal Merger Guidelines that raise the thresholds that trigger market-power concerns

Rail fuel surcharge antitrust litigation

  • Thompson Hine LLP
  • -
  • USA
  • -
  • April 5 2012

Many businesses ship products by railroad all across the nation