The U.S. Court of Appeals for the Second Circuit upholds the District Court judgment and holds for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions (Simon / KeySpan)

On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions. While the Court stopped short of holding that all challenges to such market-based rates should be barred by the filed rate doctrine, it held that the doctrine applied in Simon given FERC’s active supervision of the challenged rate. The putative consumer class in Simon

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Driven (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

John H. Lyons, Clifford Mike Naeve, Tara S. Emory, John Estes III, The U.S. Court of Appeals for the Second Circuit upholds the District Court judgment and holds for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions (Simon / KeySpan), 20 September 2012, e-Competitions Bulletin Commitment Decisions, Art. N° 50251

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