Natural Gas Antitrust Suit Preempted: Tenn. High Court

Law360, New York (April 26, 2010, 6:26 PM EDT) -- Tennessee's highest court has thrown out a putative class action alleging Duke Energy Corp. and several other energy companies committed antitrust violations in the natural gas sector, finding that federal law preempts the claims.

The Tennessee Supreme Court on Friday reversed a state appeals court's judgment and dismissed all claims, ruling that the Natural Gas Act and subsequent federal legislation preempt state actions in the field of regulation at issue.

The plaintiffs claimed that they paid too much for natural gas from their utilities, which in...
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