The impact of competition law on destination restrictions in Asia-Pacific LNG contracts
The continual decline in prices for liquefied natural gas (LNG) in the Asia-Pacific is changing the commercial dynamics between LNG suppliers and buyers, particularly in the context of renegotiating LNG sale and purchase agreements (LNG SPAs) across the Asia-Pacific region. Although prevailing market dynamics across Asia-Pacific LNG markets has created opportunities for buyers to renegotiate supply agreements, many remain subject to long-term agreements with destination restrictions that limit buyers from reselling cargoes or taking delivery outside their home jurisdiction, and which impact arbitrage and trading opportunities in spot markets. The investigation by the Japan Fair Trade Commission into whether destination restrictions in LNG SPAs contravene Japanese competition laws, highlights the importance of competition law as a key issue and commercial consideration for both LNG suppliers and buyers in the Asia-Pacific. This paper will examine what role competition law may play in the future renegotiation of LNG SPAs, and the extent to which this may provide a basis to impact the efficacy of destination restrictions in LNG SPAs under the competition laws of several key Asian jurisdictions.