AAI Opposes Filed Rate Doctrine for Electricity (Simon v. KeySpan)

AAI filed a brief in the Second Circuit urging the court to reject the application of the filed rate doctrine in electricity markets subject to “market based rates.”  AAI maintained that the filed rate doctrine, which provides immunity from antitrust damages where conduct involves regulated, filed rates, has little justification in general, and should have no place when “rates” are set by competition rather than fixed by regulation.  The issue is a question of first impression in the Second Circuit.

AAI’s brief was written by Senior Fellow Chris Sagers, with the assistance of Advisory Board Member Doug Richards and Director of Legal Advocacy Rick Brunell.