FERC Seeks Comments on Whether to Revise Its Analysis of Horizontal Market Power Under §§ 203 and 205 of the FPA in Light of the DOJ/FTC 2010 Horizontal Merger Guidelines
On March 17, 2011, the Federal Energy Regulatory Commission (Commission) issued its Notice of Inquiry (NOI) requesting comments on whether to revise the current method of analyzing horizontal market power. The NOI put the power industry on notice that there may be fundamental changes in the way the Commission will analyze horizontal mergers in the future. These changes may make it easier to win Commission approval for many types of merger transactions. However, depending on the type and breadth of changes the Commission adopts, they may add some uncertainty to the approval process.