Energy Alert: District Court Denies FTC Effort to Block Pennsylvania Gas Utility Merger
21 May 2007
Mayer Brown Newsletter
18 May 2007 - A Federal Trade Commission complaint seeking to enjoin the merger of public utility companies was dismissed by a federal district court in Pittsburgh on the ground that the state action doctrine barred the FTC's antitrust claims. Federal Trade Comm'n v. Equitable Resources, Inc., et. al., Case 2:07-cv-00490-AJS (W.D. Pa., May 14, 2007). The dismissal is the third failed action in a row brought by the federal antitrust agencies to enjoin mergers. The court's decision provides valuable guidance on a key defense to federal challenges to a merger brought by public utilities.