What Canadian Oil and Gas Companies Need to Know about U. S. Antitrust Laws
Keywords:Energy Law, Petroleum Law
AbstractThe author presents an introduction to and a cautionary warning about the idiosyncrasies, complexities and dangers of U.S. antitrust law for the Canadian oil and gas industry in a post-NAFTA economic and legal reality. Pre-NAFTA transborder Canadian rules, customs and business practices in the oil and gas industry may have to be reconsidered in light of the serious implications of U.S. antitrust jurisprudence to date. The reach and the scope of U.S. Title 15 Trade and Commerce legislation, such as the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act, the Foreign Trade Antitrust Improvements Act, and the Hart-Scott-Rodino Act, are outlined and presented. The author also describes the powers and authority of the United States Department of Justice, the United States Federal Trade Commission, the state attorneys general, and the "private" attorneys general to launch civil actions, class actions and criminal prosecutions serially, concurrently or in combination should an unwary foreign or domestic person run afoul of US. antitrust law. In addition, the author discusses the relevant leading case law, legal tests and legal principles, remedies, penalties, consequences and pitfalls of U.S. antitrust law.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.