Professor Chris Sagers was the lead drafter of an amicus brief in the U.S. Court of Appeals for the Second Circuit on behalf of the American Antitrust Institute.  In the words of the AAI:  AAI filed a brief in the Second Circuit urging the court to reject the application of the filed rate doctrine in electricity markets subject to ‘market based rates.’  AAI maintained that the filed rate doctrine, which provides immunity from antitrust damages where conduct involves regulated, filed rates, has little justification in general, and should have no place when ‘rates’ are set by competition rather than fixed by regulation.  The issue is a question of first impression in the Second Circuit.”

You may view the brief at:  http://www.antitrustinstitute.org/content/amicus-brief-aai-opposes-filed-rate-doctrine-electricity-simon-v-keyspan