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Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets

dc.contributor.authorRossi, Jim, 1965-
dc.identifier.citation3 Michigan State DCL Law Review 717 (2003)en_US
dc.descriptionarticle published in law reviewen_US
dc.description.abstractRegulatory 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 their widely-accepted role as the reviewer of decisions by an agency, such as the Federal Communications Commission (FCC). I begin by discussing the issue in the context of electric power deregulation. Then, I turn to the telecommunications context, in which the points of departure for this issue after the Telecommunications Act of 1996 are the Seventh Circuit's Goldwasser decision and the Second Circuit's Curtis Trinko case, which is currently pending before the U.S. Supreme Court. It is argued that Goldwasser should be read narrowly, to preclude judicial consideration of only to poorly-pled antitrust claims.en_US
dc.format.extent1 PDF (11 pages)en_US
dc.publisherMichigan State DCL Law Reviewen_US
dc.subjectMarket accessen_US
dc.subjectRegulatory agenciesen_US
dc.subjectGoldwasser v. Ameritech Corp.en_US
dc.subjectFiled rate doctrineen_US
dc.subjectVerizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLPen_US
dc.subject.lcshAntitrust law -- United Statesen_US
dc.subject.lcshTelecommunication -- Law and legislation -- United Statesen_US
dc.subject.lcshElectric utililties -- Law and legislation -- United Statesen_US
dc.subject.lcshAdministrative agencies -- United Statesen_US
dc.subject.lcshElectric utilities -- Deregulation -- United Statesen_US
dc.subject.lcshElectric utilities -- Rates -- United Statesen_US
dc.subject.lcshTelecommunication -- Rates -- United Statesen_US
dc.subject.lcshUnited States. Telecommunications Act of 1996en_US
dc.subject.lcshAmeritech -- Trials, litigation, etc.en_US
dc.subject.lcshVerizon -- Trials, litigation, etc.en_US
dc.subject.lcshUnited States. Federal Communications Commissionen_US
dc.titleBeyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Marketsen_US

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