1. The New Trend of Antitrust Cases May 8, 2018
Max Minzner
Jenner & Block LLP

2. Antitrust Liability In Energy
Start From First Principles…..
Market Power is Pervasive in Energy
Pipelines
Transmission
Distribution
Why Aren’t Antitrust Claims Equally Pervasive?

3. A Set of Defensive Regimes in Energy
3 Regimes Creating Strong Antitrust Protection
The State Action Doctrine
States Choices are Generally Immune
Federal Preemption
The FPA/NGA Preempt Some State Claims
Filed Rate Doctrine
Courts (and Others) May Not Reexamine Filed Rates

4. An Eroding Defensive Wall?
Erosion From Litigation?
OneOk: More Limited Scope of Preemption
Erosion From Technology?
May Make Competition More Possible
Erosion From Regulatory Change?
The Rise of Markets in Energy
Erosion From Legislation?
Market Manipulation Under Energy Policy Act of 2005

5. Strategic Response to Changing Risk
Investment Strategies
Asset Holdings with Less Exposure
Regulatory Strategies
Approaches to Achieve Antitrust Protection
Litigation Strategies
The Last Resort