§1.29 2. Utilities
| Jurisdiction | New York |
2. Utilities
The Donnelly Act has no statutory exemption for utilities. In addition, the Court in Capital Telephone Co. v. Pattersonville Telephone Co. held that no non-statutory exemption exists and the New York Public Service Commission does not have exclusive original jurisdiction over antitrust actions concerning public utilities.136 Evaluating whether filing tariffs with the PSC protects utilities and their co-conspirators from antitrust liability, the court decided that a charge or rate may be...
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