Ms Tracy Penfield

Tracy Penfield


Competition & Antitrust

For whom the agreement tolls: how a typical tolling agreement cost Duke Energy Corporation $600,000
USA | 16 February 2017

Although tolling agreements are increasingly common in the energy industry, parties that have or may have an interest in acquiring the other party to the agreement must be careful to avoid assuming beneficial ownership of the target before complying with the Hart-Scott-Rodino reporting requirements if Hart-Scott-Rodino notification is required. Failure to do so may result in the tolling agreement constituting evidence of gun jumping and the acquiring person being subject to significant penalties.