Simon v. Keyspan Corporation

JOHN M. WALKER, JR., Circuit Judge:

This appeal requires us to consider whether plaintiff-appellant Charles Simon (“Simon”), a retail consumer of electricity in New York City, can maintain an antitrust action against defendant-appellee KeySpan Corporation (“KeySpan”), a producer of electricity in New York that allegedly colluded with one of its rivals to increase installed capacity prices, and defendant-appellee Morgan Stanley Capital Group Inc. (“Morgan Stanley”), a financial firm that allegedly facilitated KeySpan’s anticompetitive conduct. The United States District Court for the Southern…