DOJ Settles Antitrust Disgorgement Case

Southern District of New York Judge William H. Pauley III approved a $12 million profit disgorgement antitrust settlement between KeySpan Corp. and the U.S. Department of Justice.  The DOJ alleged that KeySpan kept electricity prices artificially high in New York City by obtaining a financial stake in one of its competitors.  Its financial stake in Astoria Generating Co. allowed KeySpan to forego competitive bidding.  Because the anticompetitive conduct had ceased and the Federal Energy Regulatory Commission cleared KeySpan of wrongdoing in February 2008, traditional remedies of monetary damages or injunction were likely unavailable through a class action lawsuit.  But thinking outside of the box, the DOJ, for the first time ever, sought disgorgement of profits as a remedy for the alleged Sherman Act violation.

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