10th Circ. Revives Energy Tying Suit Against Okla. City

Law360, New York (July 29, 2011, 4:50 PM EDT) -- The Tenth Circuit on Friday reinstated an antitrust suit alleging the city of Newkirk, Okla., unlawfully tied electricity supply to its provision of sewage services at a new jail that fell outside of its primary electricity coverage area.

A three-judge panel remanded the suit, ruling the city did not have municipal immunity from Kay Electric Cooperative's Sherman Act claims because the state had not given it the authority to engage in the alleged anti-competitive conduct of bundling its electricity and sewage services to win control of...
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