Article: Sherman Act powers Trigen suit

More than finger-pointing and name-calling, Trigen's $27 million lawsuit against OG&E involves issues at the heart of capitalism.

Trigen's complaint is complex, but at its core is the contention that OG&E violated the Sherman Act, a 106-year-old federal statute vital to a competitive economic system.

Essentially, the Sherman Act prohibits big companies from using their power to monopolize markets where they hold a majority of the market share. Though mere status as a majority holder of market power does not violate the Sherman Act, using the power to squeeze out competition is forbidden, says James C. Thomas, Professor of Law at the University of Tulsa. That is Trigen's argument. Crucial ...

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