On December 1, the U.S. Department of Energy (DOE) released long-awaited proposed guidance defining “foreign entity of concern” (FEOC) under the Infrastructure Investment and Jobs Act (IIJA). Simultaneously, the U.S....more
12/14/2023
/ Automotive Industry ,
China ,
Clean Car Standards ,
Clean Energy ,
Department of Energy (DOE) ,
Electric Vehicles ,
Foreign Entities ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Motor Vehicles ,
Proposed Guidance ,
Subsidies ,
Supply Chain ,
Tax Credits ,
U.S. Treasury
In this episode of the Battery + Storage Podcast, special guest host and Troutman Pepper Partner Dan Anziska is joined by Jay Bellows from U.S. battery company KORE Power, as well as Rick Pekala and Graeme Fraser-Bell from...more
Assistant Attorney General Jonathan Kanter, for the Department of Justice’s (DOJ) Antitrust Division, has been openly and repeatedly skeptical of merger remedies and settlements: “Merger remedies short of blocking a...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more
8/30/2023
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Merger Controls ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform
The Federal Trade Commission’s (FTC) recent multipronged challenge to EQT Corporation’s acquisition from the Quantum Energy Partners private equity investment group “marks the FTC’s first case in 40 years that enforces...more
The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more
8/4/2023
/ Acquisitions ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
NAICS ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
The Inflation Reduction Act (IRA) has supercharged global interest in U.S. battery storage, forcing companies to change their approach to the market. We look at how this generational legislation is driving growth and...more
From supply chain management to the incentives presented by the Inflation Reduction Act, developers and manufacturers face a constellation of issues. In this video, Troutman Pepper Partners Dan Anziska and Vaughan Morrison...more
Introduction -
On March 31, the Internal Revenue Service (IRS) issued highly anticipated proposed regulations on electric vehicle (EV) tax credits. Driven by an ambitious climate agenda, the Biden administration has...more
On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement...more
The Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), recently issued CFIUS Enforcement and Penalty Guidelines. While CFIUS — the committee that reviews potential...more
On September 15, President Biden issued Executive Order 14083 (EO) — “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” — providing formal guidance...more
I. Introduction -
President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on August 16, as we provided in our extensive summary. The IRA includes landmark investment opportunities in domestic energy...more
The FTC is increasingly focused on competition in gasoline and fuel markets and has “redoubl[ed] its commitment” to “aggressive antitrust enforcement” in these areas. The most recent example of this renewed commitment came...more
On July 9, President Biden signed an executive order on promoting competition in the American economy, listing broad priorities for antitrust enforcement. In conjunction with this order, the Federal Trade Commission (FTC) and...more
7/16/2021
/ Antitrust Provisions ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Mergers ,
Non-Compete Agreements ,
USDA ,
Vertical Mergers
On June 28, while both congressional bodies continue to introduce and consider numerous legislative proposals to “reform” and amend the existing legal analytical framework, the U.S. District Court for the District of Columbia...more
Last week the Federal Trade Commission (FTC or Commission) held its first open Commission meeting in over 20 years. Chair Lina Khan led the meeting and promised future open meetings of the Commission on a “regular” basis....more
On June 15, the U.S. Senate approved Lina Khan’s nomination as a commissioner of the Federal Trade Commission (FTC) by a 69-28 vote. Her confirmation assured that the Democrats would hold a 3-2 majority of commissioners....more
Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the...more
2/3/2021
/ Acquisitions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements