On March 17, 2011, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”), [1] seeking comment on whether it should revise its approach to examining horizontal market power under Sections 203 and 205 of the Federal Power Act (“FPA”). FERC analyzes horizontal market power in the Section 203 context in the approval process for certain M&A transactions involving public utilities. In the Section 205 context, FERC analyzes horizontal market power to determine whether to authorize public utilities to charge market-based rates for wholesale sales of electric energy, capacity and/or ancillary services. In the NOI, FERC is seeking public input on whether it should revise its market power analyses to conform with the revised
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The US Federal Energy Regulatory Commission issues a notice of inquiry on potential changes to its merger review standards
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