Antitrust considerations. Project L/R-10, final report
The first section of the paper surveys the present Federal antitrust laws which might be applied by the State of Texas or its citizens to energy-related matters: Sections 1 and 2 of the Sherman Act and Sections 3, 7, and 2(a) of the Clayton Act. It is these five substantive provisions which form the backbone of private antitrust enforcement and which the State or its citizens could use in energy-related antitrust situations. Although the Federal Trade Commission has frequently employed the Federal Trade Commission Act to attack anticompetitive and unfair trade practices, that Act does not create a private cause of action. Private parties may, however, refer complaints to the Commission for action. Moreover, the courts, in construing the antitrust laws, consider the Commission's opinions authoritative. The second section of the paper summarizes current antitrust cases related to energy matters that have been brought under the Federal statutes. Several recent Federal antitrust regulations applying to the energy area are also briefly discussed. Finally, the paper describes pending legislative proposals which would change Federal antitrust law. Relief obtainable by private antitrust litigants is discussed in the Appendix. 116 references. (from Introduction)
- Research Organization:
- Texas Governor's Energy Advisory Council, Austin (USA)
- OSTI ID:
- 7348238
- Report Number(s):
- NSF-RA-N-74-245
- Country of Publication:
- United States
- Language:
- English
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