News & Analysis as of

ONEOK v Learjet Oil & Gas

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Mintz

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

Mintz on

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

Morrison & Foerster LLP

ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

Cozen O'Connor

Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

Cozen O'Connor on

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the...more

Foley & Lardner LLP

U.S. Supreme Court Hears Natural Gas Case in which 21 State AGs File Brief

Foley & Lardner LLP on

On Monday, January 12, the U.S. Supreme Court will hear oral argument in the preemption case, Oneok v. Learjet. In reliance on state law private action remedies, Learjet sued Oneok over market manipulation in natural gas...more

Cadwalader, Wickersham & Taft LLP

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

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