The US Court of Appeals of the Eleventh Circuit rejects an undertaking’s attempt to assert state-action immunity from antitrust liability in the water services and natural gas distribution sector (City of LaGrange)

ANTITRUST NEWS: THE ELEVENTH CIRCUIT AGREES THAT THE SUPREME COURT'S PHOEBE PUTNEY DECISION REALLY DID CHANGE THE STATE-ACTION-IMMUNITY TEST FROM THE EARLIER HALLIE AND OMNI DECISIONS* The Eleventh Circuit recently rejected the City of LaGrange’s attempt to assert state-action immunity from antitrust liability in Diverse Power, Inc. v. City of Lagrange, 2019 U.S. App. LEXIS 24772 (11th Cir. Ga., Aug. 20, 2019). And here is why. In a nutshell, the City of LaGrange provided water services to both its residents and to users outside the city limits, and natural gas to customers both inside and outside the city. In 2004, the city enacted an ordinance targeting customers outside the city limits. Under the new law, water would be provided for new construction––to users outside the

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Luis Blanquez Palasí, The US Court of Appeals of the Eleventh Circuit rejects an undertaking’s attempt to assert state-action immunity from antitrust liability in the water services and natural gas distribution sector (City of LaGrange), 20 August 2019, e-Competitions August 2019, Art. N° 92739

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