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Energy Bar Association’s 2018 Annual Meeting & Conference! The event provided two full days of discussions focused on the legal issues related to all aspects of energy law.
The New Trend of Antitrust Cases in the Energy Sector - Tuesday, May 8, 2018 2:00pm Session A
The recent rise of antitrust litigation in the regulated energy industry has some energy companies reevaluating the scope of the protections afforded by the Filed Rate Doctrine and State Action Immunity. This recent activity, has been marked by the Oneok v. Learjet litigation, including a 2015 U.S. Supreme Court decision on whether federal pre-emption should knock out state antitrust litigation; Solar City v. Salt River Project (scheduled for argument in front of the U.S. Supreme Court in March 2018); a case against Santee Cooper which was summarily dismissed by the district court and recent allegations against Avangrid and Eversource related to vertical market power. The cases involve both the electric and natural gas industries. Panelists will discuss these and other cases and share perspectives on the significance of this increase in antitrust litigation, including to how it impacts regulated utilities, Federal and state regulation and the energy markets.