This paper argues that the judicial review of private party antitrust claims predicated upon market-based tariffs, filed with a regulatory agency, should not be precluded by the filed rate doctrine (an antitrust doctrine that prevents challenge of electricity rates once they have been filed with, and approved by, the regulatory agency). The paper analogizes the filed rate doctrine with the notion of agency inaction in administrative law. Applying the Heckler test to the specifics of a case study leads to the general conclusion that there is a strong case for making all agency market-based tariff approval decisions presumptively reviewable in spite of the filed rate doctrine. The case study utilized is the California’s electricity crisis of 2000-2001 and FERC's mismanagement thereof, its aftermath, and the subsequent private antitrust claims.
Available at: http://works.bepress.com/julia_gorodetsky/1/