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Lawsuit against Duke Energy reinstated by Sixth Circuit

By  |  June 5, 2012

The U.S. Court of Appeals for the Sixth Circuit has reversed a district judge’s decision that threw out an antitrust lawsuit against Duke Energy Corp. The lawsuit accuses Cinergy–which was bought by Duke in 2006–of paying kickbacks to Cincinnati-area companies to win their support for an electricty rate increase in 2004.

The district judge had ruled that it did not have jurisdiction over the state-law claims; instead, jurisdiction rested exclusively with the Public Utilities Commission, which had approved Duke’s rates.

The three-judge panel unanimously reinstated the lawsuit, which is brought on behalf of Ohio businesses and consumers who saw their electricity bills go up after the rate hike.

Full content: Associated Press via Businessweek

 

Related content: Industry Restructuring, Mergers, and Efficiency: Evidence from Electric Power

 

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