Implementing Voluntary Agreements Under the Defense Production Act
Key claim: The Department of Energy finalized without change its procedures for developing and carrying out voluntary agreements and plans of action under the Defense Production Act, which can provide an antitrust defense when statutory criteria are met.
Abstract
(Rule · Energy Department) The U.S. Department of Energy (“DOE”) is adopting the interim final rule published on August 25, 2025, as final, without change. This final rule establishes the procedures for developing and carrying out voluntary agreements and plans of action under the Defense Production Act. The Defense Production Act provides a defense from antitrust laws with respect to any action taken to develop or carry out any voluntary agreement or plan of action when certain criteria are met.
Why this matters
Section 708 voluntary agreements are one of the few mechanisms allowing competing firms to coordinate with the federal government on national defense or emergency preparedness without antitrust exposure, so agency-level procedures determine how usable that tool is in practice. DOE’s finalization without change locks in the procedural pathway (sponsor designation, meetings, records, certification) for energy-sector coordination, with fiscal implications limited to administrative overhead but material practical implications for industry engagement during supply disruptions.