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In re Application of Stadtwerke Frankfurt am Main Holding GmbH for an Order Seeking Discovery Under 28 USC 1782

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MEMORANDUM OPINION AND ORDER On January 31, 2019, this Court granted the ex parte application of Stadtwerke Frankfurt am Main Holding GmbH (“SWF”) for an order authorizing discovery from RWE Trading Americas Inc. (“RWETA”) pursuant to Title 28, United States Code, Section 1782. See Docket No. 8. SWF seeks discovery for use in connection with various proceedings in Europe relating to a contract it had with the predecessor to RWETA’s ultimate parent company, RWE Aktiengesellschaft (“RWE AG”), establishing a renewable energy supplier, Süwag Vertrieb AG & Co. KG (“Süwag”). See Docket No. 3,

1, 3-5; Docket No. 24 (“Gooren Decl.”), 1. The particulars of those proceedings are largely irrelevant here. It suffices to say that SWF alleges that RWE AG induced it into amending the parties’ agreement to SWF’s detriment, in part by concealing that RWE AG was selling its shares in Süwag to an affiliate, Innogy SE (“Innogy”), which would in turn be acquired by one of SWF’s competitors, E.ON SE (“the E.ON Transaction”). See id.

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