This report summarizes antitrust and competition developments of particular interest to energy law practitioners that occurred in 2008 and updates certain developments that occurred in 2009. On Oct 16, 2008, the Federal Energy Regulatory Commission (FERC) issued Order No 717, which makes a number of fundamental changes to the Standards of Conduct. In In re Western States Wholesale Natural Gas Antitrust Litigation, the court granted plaintiff natural gas consumers' motion to alter or amend judgment under Fed. R. Civ. P. 59(e), and denied defendant natural gas sellers' motion to dismiss plaintiffs' antitrust claims as barred by the Filed Rate Doctrine. On Mar 14, 2007, the Federal Trade Commission filed an administrative complaint alleging that the sale agreement violated Section 5 of the...
This report summarizes antitrust developments of particular interest to energy law practitioners that occurred in the year 2005. On Jul 26, 2005, the FTC approved a final consent order involving Valero Energy Corp's acquisition of partnership interests in Kaneb Services and Kaneb Pipe Line Partners, resulting in the companies' becoming wholly-owned subsidiaries of Valero. In its complaint, the FTC alleged that the transaction would violate section 7 of the Clayton Acts and section 5 of the Federal Trade Commission Act by substantially lessening competition in some markets. In orders issued on Apr 14, 2004 and Jul 8, 2004, the FERC established two new screens for assessing whether market-based rate sellers possess generation market power: a wholesale market share screen and a pivotal sup...
Over the past two to three decades economics has played an increasingly important role in the development of U.S. antitrust enforcement and policy. This essay first reviews the major facets of U.S. antitrust enforcement and next reviews the ways in which economics - starting from a low base - has grown in importance in antitrust. The essay then highlights three antitrust areas in which the influence of economics has had the greatest influence: merger analysis, vertical relationships, and predatory pricing. The essay concludes with the identification of four antitrust areas where further economics analysis could have high returns.
... of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. Next, because the la... on these developments, as follows: In Section ? we will provide a brief overview of the antitrus...
Section 5 of the Federal Trade Commission Act authorizes the Federal Trade Commission ("FTC") to condemn "unfair methods of competition." A perennial question has been whether the FTC may use section 5 to condemn acts that do not violate the antitrust laws. In March 2006, the FTC did just that by condemning an invitation solely to collude as a section 5 violation. Then, in July 2006, Commissioner J. Thomas Rosch reiterated the Agency’s authority to condemn certain conduct as a pure section 5 violation. Finally, in August 2006, Commissioner Jon Leibowitz forcefully reasserted section 5 jurisdiction as a mechanism for reaching behavior unreachable by the antitrust laws. This Note suggests that, while the FTC is correct that under section 5 it may go after behavior that does not violate th...
...CHAPTER I: FEDERAL TRADE COMMISSION. SUBCHAPTER A: ORGANIZATION, PROCEDURES... an order pursuant to the provisions of section 5 of the Federal Trade Commission Act or section 1...
... laws, as the term is defined in the first section of the Clayton Act (15 U.S.C. 12), section 5 of thhe Federal Trade Commission Act (15 U.S.C. 45) (to the extent that section 5 p...
...(a) It is a violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. 4...
...CHAPTER I: FEDERAL TRADE COMMISSION. SUBCHAPTER C: REGULATIONS UNDER SPECIF... subject to the enforcement penalties of section 333 of the Act, as adjusted for inflation pursuant...(5) Distribute in commerce any catalog containing a l...
... Subject to paragraphs (b) and (c) of this section, the Board assigns to a bank a rating of ?outstand...(iii) Violations of section 5 of the Federal Trade Commission Act;. (iv) Violati...
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