The Supreme Court is asking for the Justice Department’s input on whether it should take up an antitrust case involving two southern utilities that could have broader implications for how courts evaluate business competition.
On Monday, the justices invited Solicitor General D. John Sauer to file a brief on the case Duke Energy Carolinas v. NTE Carolinas II LLC. Duke Energy is aiming to overturn a 2024 lower bench ruling finding that a combination of actions the electric power company had taken involving Florida-based power supplier NTE could qualify as anticompetitive.
At least four justices have to vote to take up a case. The solicitor general’s view of the dispute’s nationwide significance can be an important factor in deciding whether the justices will grant a petition.
The North Carolina-based company claims that a decision allowing a 4th U.S. Circuit Court of Appeals ruling to stand could revive a dormant legal theory that could open the door to more litigation among competing companies.
