Represented Electric and Water Utility Company in Antitrust Case

Loeb & Loeb represented state-owned electric and water utility company Santee Cooper in the matter of Century Aluminum of South Carolina Inc. v. South Carolina Public Service Authority (Santee Cooper), an antitrust complaint alleging unlawful tying and denial of access to essential facilities. In a hearing on Friday, September 1, the Honorable Richard Gergel of the United States District Court for the District of South Carolina indicated that he would dismiss the antitrust lawsuit brought by Century Aluminum against South Carolina’s leading power company. The decision concludes a long-running fight over the power supply to Century Aluminum’s Mt. Holly smelter. In the suit, which was filed in January 2017, Century claimed it was forced to pay higher electricity rates because Santee Cooper “used its monopoly power over transmission of electric power in its service area” in violation of state and federal antitrust laws and unfair trade practices. Agreeing with Santee Cooper’s Motion to Dismiss, Judge Gergel invoked the state action immunity doctrine and said during Friday’s hearing that Santee Cooper is a sub-state agency that has been granted a legal monopoly by the state legislature and is, therefore, immune from suit under antitrust laws.