Duke Energy will face antitrust claims following a US appeals court decision to revive a lawsuit accusing the North Carolina-based power producer of monopolizing the wholesale power market. The Fourth Circuit reversed a lower court’s order, allowing the suit to proceed. The allegations state that Duke Energy unlawfully blocked competition from rival power company NTE Carolinas, undermining wholesale competition in the Carolinas. The Fourth Circuit's holding is potentially important, highlighting ongoing issues of utility regulation and competition in energy markets, with implications for how utilities may use rate regulation to engage in anticompetitive behavior.
This is a fascinating case that shows how utilities can use the benefits of rate regulation to engage in anticompetitive behavior. For years (1970-2011) regulators brought antitrust actions against utilities.Antitrust regulators should get back in the electricity business https://t.co/qqF2axV2dA
Thread on potentially significant ruling on utility regulation and competition in energy markets. https://t.co/iQvOt27GVn
The 4th Circuit opinion summarizes how Duke undermined wholesale competition in the Carolinas. Allegations/facts are interesting, and the 4th Circuit's holding seems potentially important. https://t.co/xCOICuqg5Y