Antitrust Group Pushes 2nd Circ. To Rehear KeySpan Suit

Law360, New York (October 19, 2012, 3:45 PM EDT) -- The American Antitrust Institute on Thursday urged the Second Circuit to reconsider the dismissal of a consumer's putative antitrust class action alleging KeySpan Corp. gouged New York City electricity buyers, saying the circuit’s previous ruling misapplied a doctrine affecting rates set by regulators.

In an amicus brief, the AAI argued that a Second Circuit panel — which ruled on the case in September and declined to revive consumer Charles Simon’s antitrust claims against KeySpan — erred in applying the so-called filed rate doctrine, which prevents consumers...
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