The Antitrust Review of the Americas 2016

US: Energy

In a seven-to-two decision, the Supreme Court this year opened the door for more exceptions to circumstances where federal regulation prevents application of state antitrust laws. Under Oneok v Learjet, the court held that claims of natural gas purchasers under a state’s antitrust laws are not barred by federal ‘field preemption,’ even though the Federal Energy Regulatory Commission (FERC) had authority to regulate the conduct that caused the damage.1

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