This case does not provide a clear case of deliberate market distortion, as the investment decision
was made on the basis of a combination of factors which were both market-related and incentiverelated.
It could be said that the market is effectively distorted by this combination of factors but
except for the award (grant) from the DoE these are not targeted incentives. For instance, the
incentives provided to the company’s customers (utilities) are primarily designed as part of a
renewable energy promotion policy. While they indirectly create a market for the company’s
products they are not as such aimed at attracting FDI.