BPA America Production Co. Arbitration

Compass Lexecon expert Janusz Ordover was retained by Doak Bishop, John Bowman, and Kevin Sullivan of King & Spalding LLP on behalf of their client British Petroleum. British Petroleum asserted that Repsol failed to share incremental profits of certain sales of LNG produced by their joint investments in Trinidad & Tobago. Repsol responded, in part, that the requirement that it share incremental profits with British Petroleum violated EC competition law and United States antitrust law. Professor Ordover, supported by Steven Peterson and a team in Compass Lexecon’s Cambridge office, testified that the profit sharing provisions of BPA and Repsol’s agreement did not threaten competition or violate EC or US competition law. The tribunal agreed, finding that BPA and Repsol’s agreement is enforceable and that Repsol violated the agreement.