Federal Energy Regulatory Commission keeps its own guidelines for utility mergers

By CPI | February 16, 2012

After public comment, the Federal Energy Regulatory Commission (“FERC”) has decided to keep its guidelines for reviewing utility mergers instead of adopting the DOJ and FTC’s 2010 policies. FERC Chairman Jon Wellinghoff cited the DOJ and FTC’s looser definition of market power as the justification for FERC retaining its existing guidelines.