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U.S. Court of Appeals: Second Circuit - Charles Simon v. Keyspan and Morgan Stanley Capital Group [AAI amicus brief]

( October 18, 2012, 23:00 GMT | Official Statement) -- MLex Summary: The American Antitrust Institute has asked to file an amicus brief supporting Charles Simon's petition for rehearing. AAI argues that the panel erred in applying the filed rate doctrine to FERC's auction system, which uses market-based rates that are set by competition. AAI also says that the panel should haveconsidered the remedial limitations of the statutory MBR scheme in applying its newly announced legal standard for assessing whether the filed rate doctrine should bar private claims involving MBRs....

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