The US Supreme Court holds that the Natural Gas Act did not “field” preempt state law antitrust claims for price fixing (Oneok / Learjet)

Divided Supreme Court Allows State Law Antitrust Claims to Proceed Against Pipelines, Rejects Field Preemption Argument* In a decision that’s received relatively little attention, a divided U.S. Supreme Court earlier this week held that the Natural Gas Act (NGA) did not “field” preempt state law antitrust law claims raised by large retail buyers of natural gas seeking damages from pipelines for their purported price manipulation. Rejected was the pipelines’ argument that the claims fell within the field preempted by the NGA—“the field of matters relating to wholesale sales and transportation of natural gas in interstate commerce.” The decision could encourage antitrust lawsuits in areas where preemption concerns might have made antitrust plaintiffs otherwise reluctant. While the Court’s

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Supreme Court holds that the Natural Gas Act did not “field” preempt state law antitrust claims for price fixing (Oneok / Learjet), 21 April 2015, e-Competitions April 2015, Art. N° 72659

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