North Star Steel Texas, Inc. v. Entergy Gulf States, Inc.

MEMORANDUM OPINION AND ORDER

LAKE, District Judge.

Unhappy with the price it pays for electricity, the owner of a steel mill sued under the Sherman and Clayton Acts to force a regulated electric utility to acquire electrical power from a less expensive source and pass the savings on to the steel mill. The utility seeks immunity from the suit under the antitrust state-action doctrine. Pending before the court is defendants’ Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative, Motion for Summary Judgment (Docket Entry No. 7). For the reasons stated below, the court will…