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JFTC questions the validity of destination clauses in LNG SPAs

Alexander Woody et al., White & Case Alert, 03 JUL 2017

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On 28 June 2017, the Japan Fair Trade Commission ("JFTC") issued a report regarding its "Survey on LNG Trades" based on questionnaires and interviews with Japanese and non-Japanese buyers and sellers of LNG (the "Report"). This survey was conducted with the JFTC’s compulsory investigation authority, which is rare. Such approach implies the seriousness of the JFTC’s policy on this matter. The Report identified certain provisions commonly included in LNG SPAs as potentially violating the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of April 14, 1947) ("Antimonopoly Act") as exclusive dealings in some cases.

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