Energy Antitrust and Regulation

The Brattle Group’s in-depth institutional knowledge of energy markets provides a unique foundation for providing expert advice and testimony in antitrust and regulatory matters involving the natural gas, oil, coal, and electric power industries. We advise companies and regulators worldwide on the competitive implications of proposed mergers and acquisitions in the energy sector.

We apply antitrust economic principles and use state-of-the-art statistics and computer models to render opinions on whether the actions of energy firms and traders are monopolistic in nature, or whether they constitute market manipulation. We also assist organizations and governments in the design of regulated energy markets that promote competition, and we understand and evaluate the transition of energy markets from regulation to greater competition, such as through the use of market-based rates.

Our Focus
Comments of Drs. Romkaew Broehm, Jeremy Verlinda, and James Reitzes to the Federal Energy Regulatory Commission Regarding Modifications to Commission Requirements for Review of Transaction Under Section 203 of the Federal Power Act and Market-Based Rate Applications under Section 205 of the Federal Power Act (Docket No. RM16-21-000)
November 28, 2016
Prepared for the Federal Energy Regulatory Commission

The comments offer commentary on four proposed changes by the FERC regarding its horizontal market power review standards for M&A and market-based rate approvals.

A Framework for Analyzing Market Manipulation
September 2012
Published in Review of Law & Economics, Volume 8, No. 1
A Comparison of Anti-Manipulation Rules in U.S. and EU Electricity and Natural Gas Markets: A Proposal for a Common Standard
April 2012
Published in Energy Law Journal
Assessing Pipe-to-Pipe Competition: Theoretical Framework and Application to GTS
March 2011
Prepared for NMa
Do Gasoline Mergers Affect Consumer’s Prices? The Marathon-Ashland and UDS Transaction
February 2008
John Simpson and Christopher Taylor
Published in Journal of Law and Economics