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Sixth Circuit uses some old Supreme Court cases to give Robinson-Patman Act new life

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 27 2012

In Williams v. Duke Energy International, Inc., No. 10-3604 (6th Cir. June 4, 2012), the Sixth Circuit rejected a Rule 12(b)(6) challenge to a Robinson-Patman claim against Duke Energy for discriminatory pricing of retail electricity

Second Circuit applies the filed rate doctrine to electricity rates set by market-based auctions

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • October 3 2012

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies