AboutPracticesProfessionalsNewsCareers
Practices
Overview
Antitrust

Commercial Litigation

Communications

Consumer Finance

Corporate Finance

Energy

Services
Experience

Environmental and Product Liability Practice
European Competition

Healthcare

Intellectual Property

International Arbitration

Labor and Employment

To learn more about this practice, please email us at:

Sign up for e-mail updates about the Energy Practice

Energy | Services

Market power analysis

Market-based rate proceedings

In the United States, wholesale generators who do not want their electric sales to be subject to cost-based rate caps must apply to the Federal Energy Regulatory Commission (FERC) for market-based rate authority. Applicants must demonstrate that they do not have (or have adequately mitigated), horizontal and vertical market power. Bates White experts have extensive experience with the tests FERC has adopted for assessing market power, including detailed Delivered Price Test (DPT) analysis, engineering analysis of transmission systems and power flows, and analysis of observed electric exchanges to determine their consistency with a competitive market. We use our extensive experience in market power assessment to develop appropriate mitigation measures to ensure competitive market outcomes.

Back to Energy Services

Areas of expertise
Anticompetitive and discriminatory practices
Affiliate transactions
Transmission market power
Market power mitigation
Market-based rate proceedings
Mergers and acquisitions