Document Type
Article
Publication Title
Administrative & Regulatory Law News
Publication Date
Fall 2008
ISSN
1544-1547
Page Number
11
Keywords
Judicial Review, Antitrust, Regulated Industries
Disciplines
Antitrust and Trade Regulation | Law
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.
Recommended Citation
Jim Rossi,
Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies, 34 Administrative & Regulatory Law News. 11
(2008)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1300