On September 20th, the Second Circuit affirmed the dismissal of antitrust claims filed by a retail consumer of electricity in New York City against KeySpan, an electricity producer that allegedly colluded with rivals to increase installed capacity prices, and Morgan Stanley Capital, which allegedly facilitated KeySpan's anticompetitive conduct. The Second Circuit held that as an indirect purchaser, plaintiff lacks antitrust standing. Moreover, the filed rate doctrine bars the claims even though the allegedly supracompetitive rate was the product of a market-based auction. Simon v. KeySpan Corp.