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Supreme Court Seeks DOJ Input on Duke Energy Antitrust Case

By  |  June 3, 2025

The U.S. Supreme Court has asked the Department of Justice (DOJ) to weigh in on whether it should hear a closely watched antitrust case involving Duke Energy, a major utility provider, and its alleged efforts to stifle competition in the power market.

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    In an order issued Monday, the Court requested that Solicitor General D. John Sauer submit a brief expressing the federal government’s view on the case Duke Energy Carolinas v. NTE Carolinas II LLC. The request does not signal a decision on whether the high court will ultimately take up the matter, but such input is often influential in determining whether review is granted.

    At the heart of the case is a 2024 ruling from the 4th U.S. Circuit Court of Appeals, which concluded that a series of business moves by Duke Energy toward NTE, a Florida-based electricity supplier, may constitute anticompetitive behavior. Duke is challenging that finding, arguing that allowing it to stand could upend decades of antitrust precedent.

    According to a statement by Duke Energy, the appellate ruling “resurrects a long-abandoned theory” of antitrust enforcement, potentially encouraging a wave of new lawsuits between business rivals. The company contends the decision represents a significant departure from established legal norms governing competitive conduct.

    Per a statement from the Supreme Court, the justices are seeking the solicitor general’s analysis to help assess whether the case carries broad enough legal significance to merit further review. At least four justices must agree to take up a case for it to be heard.

    Legal experts note that while the DOJ’s input is not binding, it often carries considerable weight in the Court’s deliberations, particularly in cases with potential national economic or regulatory impact.

    Source: EE News