DOJ closes Vistra-Cogentrix probe after second New England plant sale
DOJ's Antitrust Division issued a statement closing its investigation into Vistra's acquisition of Cogentrix Energy after the parties agreed to divest a second New England power plant. The case illustrates how DOJ can keep investigating a merger even after FERC approves it without conditions, applying a methodology drawn from a 2025 electricity-sector settlement.
- Vistra announced its agreement to acquire Cogentrix from Quantum Capital Group on Jan. 5.
- The acquisition combines overlapping generation portfolios in PJM Interconnection, ISO New England and the Electric Reliability Council of Texas.
- FERC approved the transaction without conditions after Vistra unilaterally sold its Casco Bay Energy facility in ISO-NE.
- Vistra and Cogentrix then unilaterally agreed to sell Cogentrix's Rumford, Maine gas-fired combined-cycle power plant to resolve DOJ's remaining concerns.
- DOJ says its legal and economic analysis followed the framework from its 2025 settlement over Constellation Energy's acquisition of Calpine Corp.