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DOJ Antitrust Division Approves DOE DPA Consortium Updated Voluntary Agreement and Plans of Action

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Summary

The DOJ Antitrust Division published approvals for the DOE Defense Production Act Consortium's updated Voluntary Agreement and Plans of Action. The agreements allow U.S. nuclear energy companies to coordinate on the nuclear fuel supply chain including mining, milling, conversion, enrichment, deconversion, fabrication, recycling, and reprocessing. DOJ will monitor the DOE DPA Consortium alongside the FTC and DOE as it implements the approved agreements.

Why this matters

U.S. nuclear energy companies operating under approved DPA Section 708 voluntary agreements now have a limited antitrust defense available for coordinated activities within the scope of those agreements. Companies in adjacent energy sectors considering similar voluntary coordination frameworks should assess whether DPA authority applies to their proposed arrangements before engaging in industry-wide coordination.

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GovPing monitors DOJ Press Releases for new trade & sanctions regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 11 changes logged to date.

What changed

The DOJ Antitrust Division formally approved the DOE Defense Production Act Consortium's updated Voluntary Agreement and Plans of Action, published in the Federal Register on April 23, 2026. DPA Section 708 authorizes industry agreements necessary to meet national defense requirements, providing a limited antitrust defense for actions taken to develop or carry out approved agreements.

U.S. nuclear energy companies participating in DPA Consortium arrangements may benefit from limited antitrust protection for coordination on the nuclear fuel supply chain. Companies in the nuclear energy sector considering voluntary industry agreements should review whether DPA Section 708 authority applies to their proposed activities.

Archived snapshot

Apr 23, 2026

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Press Release

Antitrust Division Approves Department of Energy Defense Production Act Consortium’s Updated Voluntary Agreement and Plans of Action

Thursday, April 23, 2026

Share For Immediate Release Office of Public Affairs Today, the Justice Department’s Antitrust Division, after consulting with the Federal Trade Commission (FTC), published approvals for the U.S. Department of Energy (DOE) Defense Production Act (DPA) Consortium’s updated Voluntary Agreement and related Plans of Action.

“The Defense Production Act is a powerful tool for addressing issues related to our nation’s defense and preparedness programs. We look forward to working with our DOE colleagues to achieve the DPA Consortium’s goals of energy independence and reliable access to fuel America’s energy dominance,” said Acting Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “We applaud the domestic nuclear energy companies involved in the DPA Consortium for their efforts to assist the United States in strengthening the nuclear industrial base while staying within the bounds of antitrust law.”

“The Consortium’s work comes at a pivotal time for nuclear energy growth in our country,” said Assistant Secretary of Nuclear Energy Ted Garrish. “I’m pleased with the dedication of the Committee and am looking forward to rapid progress on near term goals to achieve a robust American-made supply of nuclear fuel.”

In accordance with President Trump’s Executive Order, Reinvigorating the Nuclear Industrial Base, these agreements between U.S. nuclear energy companies take affirmative steps to increase domestic fuel availability, provide increased access to reliable power, and end America’s reliance on foreign sources of enriched uranium and critical materials. The agreements will allow America’s domestic industry to work together to ensure that the capacity for the nuclear fuel supply chain – including mining and milling, conversion, enrichment, deconversion, fabrication, recycling and reprocessing – is available to enable the continued reliable operation of the nation’s reactors.

DPA Section 708 authorizes industry to enter into agreements necessary to meet national defense requirements. There is a limited antitrust defense available for actions taken to develop or carry out these approved agreements. The Justice Department will be leading efforts with FTC and DOE to continue to monitor the DOE DPA Consortium in its implementation of the approved Voluntary Agreement and Plans of Action.

For more information, please visit DOE’s DPA Consortium project page.

Updated April 23, 2026 Topic Antitrust Component Antitrust Division Press Release Number: 26-393

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Last updated

Classification

Agency
DOJ
Published
April 23rd, 2026
Instrument
Rule
Branch
Executive
Joint with
FTC DOE
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Energy companies
Industry sector
2211.1 Nuclear Energy
Activity scope
Nuclear fuel supply chain coordination DPA voluntary agreement approval
Geographic scope
United States US

Taxonomy

Primary area
Antitrust & Competition
Operational domain
Compliance
Topics
Defense & National Security Energy

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