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http://ssrn.com/abstract=1319065
 
 

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Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies


Jim Rossi


Vanderbilt University - Law School

December 21, 2008

Administrative & Regulatory Law News, Fall 2008
FSU College of Law, Public Law Research Paper No. 329

Abstract:     
The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applying the doctrine frequently defer to the regulatory agency and refuse to consider the merits of alleged violations of antitrust, tort or contract claims where resolution would require a departure from a filed rate. For over a century, the filed rate doctrine has served many important purposes. However, with increased attention to market-based approaches to electric power, natural gas and telecommunications regulation, there is reason to question both the doctrine's continued applicability and usefulness. This short essay argues that, as regulators implement competitive markets in utility industries, at a minimum the traditional principles of deference which courts applied in this context need to be reassessed.

Number of Pages in PDF File: 6

Keywords: Judicial Review, Antitrust, Regulated Industries

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Date posted: December 22, 2008 ; Last revised: January 10, 2009

Suggested Citation

Rossi, Jim, Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies (December 21, 2008). Administrative & Regulatory Law News, Fall 2008; FSU College of Law, Public Law Research Paper No. 329. Available at SSRN: http://ssrn.com/abstract=1319065

Contact Information

Jim Rossi (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
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