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United States Second Circuit


Simon v. Keyspan Corp., 11-2265

In an antitrust action against a producer of electricity, alleging that it colluded with one of its rivals to increase installed capacity prices and that another defendant, a financial firm, allegedly facilitated the anticompetitive conduct, district court's dismissal of the complaint is affirmed where: 1) plaintiff, as an indirect purchaser, lacks standing to bring his federal antitrust claims; and 2) the filed rate doctrine bars plaintiff's state and federal claims even though the allegedly supracompetitive rate was the product of a market-based auction.

Appellate Information

  • Decided 09/20/2012
  • Published 09/20/2012

Judges

  • Walker

Court

  • United States Second Circuit

Counsel

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