Duke Energy Electric Power Deal Suit Revived on Appeal (2)

Duke Energy will face antitrust claims in a suit claiming the North Carolina-based power producer shut a rival out of the electric power market, after the Fourth Circuit reversed a lower court’s order in favor of the company.

The US Court of Appeals for the Fourth Circuit in a Monday opinion vacated a district court’s order for summary judgment, holding that a reasonable jury could conclude Duke’s actions amounted to “illegitimate anticompetitive conduct” in violation of Section 2 of the Sherman Act, which prohibits attempts to monopolize.

“We conclude that many genuine disputes of material fact persist in this case, ...