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Academic Articles Awards > Private Enforcement

Oneok v. Learjet: More Than a One Off

Richard Brunell, Antitrust, Vol. 30, No. 1, Fall 2015

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Read narrowly, Oneok is simply a technical preemption case that arguably blurs the boundary between state and federal utility regulation. But viewed more broadly, the case can be seen as a shift back towards a judicial philosophy that industry regulation and antitrust law are generally complementary, particularly in partially deregulated markets. Such a reading has implications for the scope of implied immunity from federal antitrust law, as well as preemption of state antitrust claims. And, given its treatment of preemption, Oneok may be the harbinger of the abolition of the filed-rate doctrine in cases involving market-based rates.

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