7/27/2023 0 Comments Transdata v. centerpoint energy![]() ![]() The plaintiff class alleged that certain Reliant entities – including CES – conspired with other natural gas conglomerates to fix retail natural gas prices. ![]() CES was a wholly owned subsidiary of Reliant Energy, Inc. (“CES”), a natural gas company, in a class action alleging that ten large natural gas companies colluded to fix retail natural gas prices in Wisconsin. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Antitrust Law The panel reversed the district court’s summary judgment in favor of CenterPoint Energy Services, Inc. You already receive new opinion summaries from Ninth Circuit US Court of Appeals. Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Ninth Circuit US Court of Appeals? ![]() In this case, plaintiffs raised a triable issue of CES's anticompetitive intent plaintiffs' evidence was sufficient to raise a triable issue of whether CES knowingly acted to further the alleged price-fixing scheme any knowledge of the alleged price-fixing scheme that CES's directors and officers acquired while concurrently acting as directors or officers of the other Reliant companies was imputable to CES as a matter of Wisconsin law and plaintiffs submitted sufficient evidence to raise a genuine issue under the Sherman Act – and Wisconsin Statute 133.03(1) – as to whether CES participated in coordinated activity in furtherance of the alleged inter-enterprise price-fixing conspiracy. The panel held that Supreme Court precedent established that a parent and a wholly owned subsidiary always have a unity of purpose and thus act as a single enterprise whenever they engage in coordinated activity. CES, a wholly owned subsidiary of Reliant, asserted that it acted innocently and without knowledge of its parent company's price-fixing scheme. The Ninth Circuit reversed the district court's grant of summary judgment for CES in a class action alleging that natural gas companies colluded to fix retail natural gas prices in Wisconsin. ![]()
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