The US Court of Appeals for the Second Circuit applies the "filed rate doctrine" to electricity rates set by market-based auctions (Simon / KeySpan)

The Second Circuit was asked to consider whether the plaintiff, a retail consumer of electricity, could maintain an antitrust action against an electricity producer that allegedly agreed with its competitor to increase installed capacity prices and a financial firm that allegedly facilitated the conspiracy when those prices were submitted to and approved by the Federal Energy Regulatory Commission. 694 F.3d at 198. The

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Douglas Richards, Christopher J. Cormier, The US Court of Appeals for the Second Circuit applies the "filed rate doctrine" to electricity rates set by market-based auctions (Simon / KeySpan), 20 September 2012, e-Competitions Bulletin US Private Enforcement, Art. N° 55012

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