FTC Says Coal Deal Challenge Grounded In Present, Not Past

Law360 (July 14, 2020, 8:37 PM EDT) -- The Federal Trade Commission urged a Missouri federal judge in opening arguments Tuesday to block a joint venture between Arch Coal and Peabody based on agency concerns the deal will drive up energy prices by reducing current "coal-on-coal competition," not on outdated views of market dynamics as the companies say.

The FTC will spend the next two weeks vying for a preliminary injunction against a deal that it says will push up prices for coal from Wyoming's South Powder River Basin, or SPRB. Arch Coal Inc. and Peabody Energy Corp. meanwhile say that market forces have shifted since a previous FTC...

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