Date:  10/04/2006

Time:   9:00 am - 10:00 am PDT Noon - 1:00 pm EDT

Speaker:   Roger W. Fones, Gordon P. Erspamer

Contact Email:   dcevents@mofo.com

Description:  

Almost a year after the FERC approved the merger between Exelon Corp. and PSEG, the U.S. Department of Justice required the parties to divest additional generation facilities to resolve concerns that the merger would cause higher prices for electricity. The questions being asked around many boardrooms are: “How do we successfully navigate this dual review process?” and “Why are the antitrust agencies requiring relief different from FERC?”

Join us and you will learn about:

Parallel Antitrust and Regulatory Review

• Key substantive and procedural differences between antitrust and FERC review process
• How can these differences impact final outcomes?

Antitrust Issues Arising in Electric Utility Mergers

• Fuel Curve Effects: Why do the antitrust agencies evaluate the operating costs of the parties’ generating units? How is this done?
• Load Pockets and Temporal Markets: How do the antitrust agencies define narrow geographic or product markets?
• Vertical Effects: How can a merger create an incentive to harm rivals by raising their costs?
• Partial Ownership Issues: Is the growing presence of financial investors complicating the antitrust analysis?

Recent Enforcement Actions

• Overview of recent cases, including Exelon-PSEG, that show how these issues impacted the antitrust review process

To access the live webinar on October 4, 2006, please click here.

This invitation is transferable and open to colleagues and guests. There is no charge to attend this webinar. Morrison & Foerster LLP (provider # 2183) certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hours.

Morrison & Foerster LLP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York  [8/20/2004 - 8/19/2007]. This continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.0 credit hours.