(1) RG&E's customers never got an opportunity to bargain for those discounts. The anticompetitive result of the agreement is clear - as RG&E's President and COO, the chief negotiator of the contract, admits - with construction of UR's new steam plant, "you could use this steam host here to sort of have everybody in town demand some kind of discount." Richards Depo.
Sample legal memo free#
Faced with the choice between losing some important customers or offering them discounts to keep their "load on the system," RG&E adopted a third, but illegal, option - it promised to pay the University hundreds of thousands of dollars if it would agree not to "solicit or join with other customers of RG&E to participate in any plan to provide them with electric power and/or thermal energy from any source other than RG&E." RG&E, in short, paid the University not to compete, leaving RG&E free to demand higher prices from customers the University's plant otherwise could have served.
The University's potential capacity to supply electricity to RG&E customers, combined with its legal ability to do so under New York State law, threatened RG&E's monopoly. The University planned to sell its excess electricity, but had not yet made a commitment to any particular customers. Excess electricity cannot be stored or disposed of - it must be used. As a by-product, it would have produced inexpensive electricity, and substantially more of it than the University needed. The plant would have efficiently produced sufficient steam to meet the University's heating and cooling needs. The University trustees had voted to develop a modern, efficient, natural-gas-fueled electrical cogeneration plant to replace the University's more than 60-years old coal-burning steam plant. In 1993, Rochester Gas and Electric Company ("RG&E") recognized that the University of Rochester ("UR" or "University") posed a significant threat to its electric monopoly. SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PLAINTIFF UNITED STATES' MEMORANDUM OF LAW IN For an official signed copy, please contact the Antitrust Documents Group.
Sample legal memo pdf#
To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting).
0 kommentar(er)
