2nd Circ. Pulls Plug On KeySpan Price Inflation Antitrust Suit

Law360, New York (September 20, 2012, 5:47 PM EDT) -- The Second Circuit refused Thursday to breathe new life into a consumer's putative antitrust class action alleging KeySpan Corp. used a complex financial transaction to gouge New York City electricity buyers, saying regulators approved the price even though it was set at auction.

A three-judge panel found that consumer Charles Simon's federal and state claims were blocked by the filed rate doctrine, which prevents consumers from challenging the regulator-approved rates they pay. The doctrine applied even though though the wholesale rate at which suppliers like KeySpan...
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