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Utilities Sector Monopolization

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

Mogin Law LLP on

The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...more

Akin Gump Strauss Hauer & Feld LLP

North Carolina Supreme Court Affirms Duke Energy’s Monopoly over Rooftop Solar

In September 2017, we reported on a Court of Appeals of North Carolina decision holding that entities installing solar panels on customer rooftops are “public utilities” under state law, at least if they retain ownership of...more

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