FERC Won’t Change Utility Merger Review Process

Law360, San Diego (February 16, 2012, 7:47 PM EST) -- The Federal Energy Regulatory Commission on Thursday declined to revamp its review process for utility mergers based on new guidelines issued by the U.S. Department of Justice and Federal Trade Commission in 2010.

After seeking comments, FERC concluded that it would retain its existing policies for analyzing horizontal market power concerns for utility transactions instead of changing them to reflect the horizontal merger guidelines outlined by the two federal antitrust agencies.

It refused to follow the guidelines in placing less emphasis on the market definition as...
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