A PYMNTS Company

Supreme Court Declines to Hear Duke Energy Antitrust Appeal

By  |  January 12, 2026

The US Supreme Court on Monday declined to hear Duke Energy’s appeal of a lower court ruling that revived antitrust claims against the North Carolina-based utility, leaving in place a decision that allows a long-running monopoly dispute to move forward. According to Bloomberg, the justices rejected Duke’s petition without comment as part of a routine orders list that turned away dozens of cases from around the country.

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    The case stems from a lawsuit filed in 2019 by Florida-based independent power producer NTE Carolinas II LLC, which accused Duke of using anticompetitive tactics to block it from supplying electricity to the City of Fayetteville under a long-term contract. Per Bloomberg, a federal trial judge initially sided with Duke, but the US Court of Appeals for the Fourth Circuit reversed that decision in 2024, concluding that NTE had presented enough evidence to proceed with its claims.

    Duke, one of the nation’s largest electricity producers, asked the Supreme Court in February 2025 to review the Fourth Circuit ruling, arguing that the appellate court had embraced an outdated and overly expansive approach to antitrust law. According to Bloomberg, the company contended that a series of lawful business actions should not be combined into a single alleged violation, a theory Duke said conflicted with modern antitrust standards.

    Read more: Trump Media Broadens Ambitions, Entering Fusion Energy Through Major Merger

    The federal government urged the Supreme Court to stay out of the dispute. The US solicitor general filed a brief in December opposing review, saying the appeals court decision was highly dependent on the facts of the case and did not raise broader legal issues warranting the high court’s attention. Bloomberg reported that the government argued Duke’s conduct, taken as a whole, could reasonably be viewed as an effort to block a more efficient rival and preserve long-standing control over the regional power market.

    The Fourth Circuit panel had found that NTE should be allowed to argue that Duke interfered with its attempt to compete for Fayetteville’s business by discouraging the city from switching suppliers and by taking steps that allegedly undermined the viability of NTE’s proposed power plant. Per Bloomberg, the full Fourth Circuit later declined to rehear the case, leaving the panel’s ruling intact.

    With the Supreme Court declining to intervene, the antitrust case will now return to the lower courts for further proceedings. According to Bloomberg, the decision represents another setback for Duke as it faces continued scrutiny over its market dominance in the Carolinas’ wholesale electricity sector.

    Source: Bloomberg