Reaffirming FERC's Merger Policy

Law360, New York (March 06, 2012, 1:13 PM ET) -- Public utilities could face different levels of scrutiny in merger reviews before the Federal Energy Regulation Commission, and the U.S. Department of Justice and the Federal Trade Commission.

On Feb. 16, 2011, the Federal Energy Regulation Commission issued an order (138 FERC ¶ 61,109) reaffirming its existing merger review policies for analyzing horizontal market power under Section 203 of the Federal Power Act (FPA) and terminated proceedings to consider incorporating the 2010 horizontal merger guidelines issued by the Department of Justice and the Federal Trade Commission...
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