Clifford Chance

Global Antitrust/FDI Energy Sector Newsletter February 2023

23 February 2023

Welcome to the February 2023 edition of the Clifford Chance Global Antitrust/FDI Energy Newsletter, providing an overview of recent antitrust and foreign direct investment developments of particular relevance to companies active in the energy sector.

European regulators and legislators continue to focus on energy-related antitrust issues and energy policy more generally, by enhancing scrutiny and adopting relevant new or updated rules, including: updates on energy cases reviewed by the EU's Court of Justice and the European Commission with interesting insights regarding the congestion management and the gas import infrastructure sectors; modifications in Germany's support scheme for electricity production from renewable sources; the political agreement on the EU ETS framework for the aviation sector; the entry into force of UK's subsidy control regime and the publication of a market study by the UK's CMA into road fuel markets.

The focus on the energy sector is also evident in jurisdictions in Asia Pacific, where, for example, the Australian antitrust authority initiated proceedings for attempts to cartel arrangements in the oil and gas support services sector while the Japanese regulator considers adopting against major utility companies the highest fine ever imposed for a cartel in this country.

Download PDF