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Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?
  • Proskauer Rose LLP
  • USA
  • February 15 2017

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last

Recent HSR Gun Jumping Settlement in Excess of Half a Million Dollars: Why it’s Worth the Wait
  • Reed Smith LLP
  • USA
  • February 6 2017

The Department of Justice Antitrust Division (DOJ) announced January 18 that Duke Energy Corporation (Duke) agreed to pay $600,000 to

For Whom the Agreement Tolls: How a Typical Tolling Agreement Cost Duke Energy Corporation US $600,000
  • Hogan Lovells
  • USA
  • February 1 2017

Tolling agreements are a common feature of the energy industry. Through these agreements, a buyer will supply fuel to an electric generator and, in

Department of Justice Settles Gun Jumping Allegations Against Duke Energy
  • Crowell & Moring LLP
  • USA
  • January 20 2017

On January 18, the Department of Justice filed a civil antitrust suit alleging that Duke Energy Corporation (Duke Energy) violated the

A Bogosian Shortcut Through the Mushroom Patch - The Latest Chapter of a Fairytale Doctrine
  • Proskauer Rose LLP
  • USA
  • January 13 2017

Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf

U.S. Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • USA
  • January 5 2017

In December, the U.S. Supreme Court held in Salman v. United States that a tippee who trades on inside information may be liable even where the

U.S. DOJ Brings "Gun Jumping" Enforcement Action and Imposes Civil Penalties
  • Jones Day
  • USA
  • January 1 2017

"Gun jumping" occurs when companies that are planning a merger coordinate their business activities before the Department of Justice or Federal Trade

FERC Proposes Significant Changes to Large Generator Interconnection Procedures and Fast-Start Resource Pricing
  • Baker Botts LLP
  • USA
  • December 21 2016

On December 15, 2016, the Federal Energy Regulatory Commission (“FERC”) issued two Notices of Proposed Rulemakings (“NOPRs”) to: (1) reform the large

Antitrust Claims: A Novel Line of Attack by Groups Opposing Natural Gas Infrastructure Projects
  • K&L Gates
  • USA
  • December 19 2016

The Sierra Club and other environmental groups have made little secret of their opposition to the continuing use of fossil fuels and to the

DOJ and FTC Advocate Broader Approach to FERC’s Market Power Evaluation under Sections 203 and 205 of the Federal Power Act
  • Cadwalader Wickersham & Taft LLP
  • USA
  • December 8 2016

On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the