The Justice Department’s Antitrust Division has closed its investigation of Vistra Corp.’s acquisition of Cogentrix Energy from Quantum Capital Group, announced on January 5, after the companies decided on their own to sell two plants in ISO New England. Vistra had already sold its Casco Bay Energy facility, and Cogentrix will now sell its gas-fired combined-cycle plant in Rumford, Maine, a sale the department says it will continue to monitor.
The Federal Energy Regulatory Commission approved the transaction without conditions, but the division continued its own review and concluded that the combined fleet in New England could still substantially lessen competition, by giving the merged company the ability and incentive to withhold electricity from the market. Associate Attorney General Stanley E. Woodward, Jr. said the division anticipates that “Vistra’s divestitures will save consumers throughout New England tens of millions of dollars annually in electricity bills.”