Antitrust Column & Publications

Department of Justice Challenges Energy Swap Arrangement

Date: 03/18/10

Source: The New York Law Journal. Reprinted with permission.

The U.S. Department of Justice brought an enforcement action against a New York City electricity supplier for entering into a financial derivative contract alleged to have the effect of acquiring its principal rival's electricity generation capacity. The department and European competition enforcers determined that an arrangement combining the second and third largest Internet search engines could create a viable competitive alternative to the leading search engine and was not likely to reduce competition.

Department of Justice Challenges Energy Swap Arrangement.pdf (pdf | 179.32 KB )