2nd Circ. Upholds Dismissal Of City's Gas Price Antitrust Suit

By Humberto J. Rocha (December 3, 2021, 6:55 PM EST) -- The Second Circuit backed a lower court's decision to dismiss an antitrust lawsuit by the city of Long Beach, California, against energy provider Total Gas & Power North America Inc., finding that the city lacked standing.

In a summary order released Friday, a three-judge panel ruled that the city's Sherman Act allegations were without merit because there was no evidence that the company had leveraged its size or market influence at the expense of other competitors.

"The district court concluded that price manipulation by a single entity, without more, is insufficient to establish an antitrust injury, because price manipulation on its...

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