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Beyond Goldwasser: Ex Post Judicial Enforcement In Deregulated Markets, Jim Rossi
Beyond Goldwasser: Ex Post Judicial Enforcement In Deregulated Markets, Jim Rossi
Vanderbilt Law School Faculty Publications
Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and distribution, antitrust laws play an important role in defining the terms and conditions of market access. Courts may have an important ex post enforcement role to play in the enforcement of the antitrust laws. In this Essay, I address the filed rate doctrine - a legal principle that determines when courts, rather than regulatory agencies, may serve as a standard-setter for or arbiter of market terms, independent of …
Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim Rossi
Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim Rossi
Vanderbilt Law School Faculty Publications
The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against common law and antitrust claims that reinforce market norms. In the ideal world, Congress would expand the jurisdiction of regulatory agencies to allow them to penalize private misconduct. However, since that has not always happened, the filed tariff doctrine has encouraged private firms to expend resources in using the regulator as a strategy to immunize conduct from antitrust and common law antitrust claims. This Article assesses how …