Federal Register #2026-08095

DOJ Requires Divestiture of Power Plants in Constellation Energy–Calpine Antitrust Case

This notice from the Department of Justice Antitrust Division addresses the proposed final judgment in the antitrust case involving Constellation Energy Corporation's acquisition of Calpine Corporation. - Government Buyer: - Department of Justice, Antitrust Division - OEMs and Vendors: - Constellation Energy Corporation (acquirer) - Calpine Corporation (acquired entity) - Products/Services Requested: - Divestiture of seven electric generating facilities in the ERCOT (Texas) and PJM (Mid-Atlantic) wholesale electricity markets - Cooperation with acquirers in hiring relevant personnel and transferring operational assets, including necessary licenses and permits - Unique or Notable Requirements: - Divestiture must be to acquirers acceptable to the United States - Focus is on preserving competition in wholesale electricity markets - The remedy does not address retail electricity market concerns, as these are outside the scope of the alleged antitrust violations - Ensures operational status and continuity of divested facilities - Locations: - Electric Reliability Council of Texas (ERCOT) region - PJM Interconnection LLC (PJM) region - Justice Department Antitrust Division, Washington, DC - United States District Court for the District of Columbia

Description

This document is a notice regarding the response of the United States to public comments on a proposed final judgment in an antitrust case involving Constellation Energy Corporation, Inc. and related parties. The case concerns the acquisition of Calpine Corporation by Constellation Energy and the potential anticompetitive effects in wholesale electricity markets in ERCOT and PJM regions. The proposed final judgment requires divestiture of seven electric generating facilities to preserve competition. The United States responds to a public comment from the Pennsylvania Office of Consumer Advocate, which raised concerns about retail electricity markets not addressed by the judgment. The United States maintains that the proposed final judgment adequately remedies the alleged antitrust violations in wholesale markets.

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