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Expert Analysis

High Court Weighs Gas Act Preemption In Antitrust Case

Law360, New York (January 26, 2015, 10:16 AM EST) -- On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that state-law antitrust claims were precluded by the federal Natural Gas Act and, therefore, fell under the exclusive jurisdiction of the federal government, including the Federal Energy Regulatory Commission.[1] These state-law claims alleged manipulation of gas prices, as provided on published indices, during the Western energy crisis from 2000 to 2002. The underlying Ninth Circuit decision was said to conflict with settled law, and the Supreme Court heard oral arguments on Jan. 12, 2015....

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