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Full-Text Articles in Antitrust and Trade Regulation
Zombie Energy Laws, Joshua C. Macey
Zombie Energy Laws, Joshua C. Macey
Vanderbilt Law Review
This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view that electric power companies should be shielded from market forces. It argues that important elements of these legal rules have become “zombie energy laws.” Zombie energy laws are statutes, regulations, and judicial precedents that continue to apply after their underlying economic and legal bases dissipate. Zombie energy laws were originally designed to protect consumers by, among …
Gasoline Marketing Divestiture Statutes: A Preliminary Constitutional And Economic Assessment, Hunter M. Meriwether, James C. Smith
Gasoline Marketing Divestiture Statutes: A Preliminary Constitutional And Economic Assessment, Hunter M. Meriwether, James C. Smith
Vanderbilt Law Review
This Note has traced the recent developments in the oil industry and in gasoline marketing that have led to the enactment of divestiture statutes in three states and their consideration by the legislatures in many others. The statutes are essentially of two types: those prohibiting the owning or leasing of marketing outlets by vertically integrated oil companies and those prohibiting or limiting the operation of retail outlets with company employees. Both types of statutes, however, have as their primary aim the exclusion of the majors as competitors at the retail level. This is thought to be necessary to prevent anticompetitive …