Converging On Federal Reviews Of Electricity Mergers

Law360, New York (January 17, 2012, 1:39 PM EST) -- Although the Federal Energy Regulatory Commission and the U.S. Department of Justice have in large part concurrent jurisdiction over electricity mergers, the two agencies have coordinated little in their review of transactions. And not surprisingly, they have in fact at times reached disparate decisions on the competitive merits and effectiveness of remedies.

For example, in the American Electric Power Company Inc./Central and South West Corp. merger, the commission had competitive concerns, while the DOJ cleared the transaction; and in Exelon Corp./Public Service Enterprise Group Inc., the...
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