This article, authored by Robert Jablon, Anjali Patel and Latif Nurani, examines FERC’s and other administrative agencies’ treatment of antitrust issues and the need for more coordination of courts’ and agencies’ responsibility over these matters. It also stresses the need for agencies to have greater “process,” that is discovery and cross-examination, in looking into market power and merger issues.
To read the full text of this article, published at 34 Energy L.J. 627 (Fall 2013), visit the Energy Bar Association website or click on the Download Attachment link below.