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Expert Analysis

Broadening Application Of The Filed Rate Doctrine

Law360, New York (September 13, 2012, 2:01 PM EDT) -- Ninety years ago Justice Louis Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons, concluded that a rate filed and approved by the Interstate Commerce Commission was not subject to collateral attack by way of a Sherman Act treble damages action. Historically, the filed rate doctrine has been limited to common carriers and utilities regulated by federal agencies under comprehensive statutes and regulations, which provide remedies for harmed consumers and require regulator rate-setting. See Ark. La. Gas Co. v. Hall, 453 U.S. 571, 577 (1981)....

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