Fueling Fresh Analysis Of Horizontal Market Power

Law360, New York (March 21, 2011, 2:24 PM EDT) -- On March 17, the Federal Energy Regulatory Commission issued a notice of inquiry (NOI),[1] seeking comment on whether it should revise its approach to examining horizontal market power under Sections 203 and 205 of the Federal Power Act (FPA).

FERC analyzes horizontal market power in the Section 203 context in the approval process for certain merger and acquisitions transactions involving public utilities. In the Section 205 context, FERC analyzes horizontal market power to determine whether to authorize public utilities to charge market-based rates for wholesale sales...
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