Simon v. Keyspan Corporation, No. 11-2265 (2d Cir. 2012)Annotate this Case
Plaintiff, a retail consumer of electricity in New York City, sued KeySpan, a producer of electricity in New York, alleging that it colluded with one of its rivals to increase installed capacity prices. Plaintiff also alleged that Morgan Stanley, a financial firm, facilitated KeySpan's anticompetitive conduct. Plaintiff subsequently appealed from the district court's dismissal of his federal and state antitrust claims against KeySpan and Morgan Stanley. The court agreed with the district court that plaintiff lacked standing to pursue his federal claims because he was an indirect purchaser and that his claims were otherwise barred by the filed rate doctrine.