FERC asserts vast power as utility mergers heat up; policy statement signals intent to regulate aggressively in the 'public interest' as the industry pursues a lightning consolidation
Article Abstract:
The electric power industry has new business opportunities due to technological advances but unfair competition remains a risk. The Federal Energy Regulatory Commission (FERC) has issued a policy statement to identify and prevent mergers with this risk. FERC works with the merger guidelines of the Department of Justice and the Federal Trade Commission. FERC's expansive interpretation of its authority may presage further social engineering. FERC's actions since the policy statement indicate that it intends to police competition and electric utility combinations closely.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Arbitration suit asserts constitutional arguments; a plaintiff claims a mandatory process violates her right to a trial
Article Abstract:
Duffield v. Robertson Stephens & Co is a federal suit pending in San Francisco which alleges that mandatory arbitration forces employees to give up their rights to due process of law and to a trial by jury. The suit alleges Title VII contract and tort claims and states that the National Assn's of Securities Dealers' mandatory arbitration form is also a contract of adhesion because of unequal bargaining power between the parties. The suit lists the many ways stock exchange arbitration agreements favor employers.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Courts address issue of 'prospective waiver': cases suggest that this defense cannot be used to avoid foreign arbitrations of antitrust claims
Article Abstract:
Footnote 19 in the US Supreme Court's 1985 ruling in Mitsubishi Motors v. Soler Chrysler-Plymouth has not yet been successfully used to avoid foreign arbitration of an antitrust claim. The court noted that an agreement effectively waiving rights to pursue all the remedies available under US antitrust law is contrary to public policy and hence void. However, in cases from In re Hops Antitrust Litigation to, most recently, Vimar Seguros y Reaseguros v. M V Sky Reefer, prospective waiver arguments have failed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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