Texas Commercial Energy v. TXU Energy, Inc.

EMILIO M. GARZA, Circuit Judge:

Texas Commercial Energy (“TCE”), an energy retailer, appeals the district court’s dismissal of its lawsuit against TXU Energy, Inc. (“TXU”), a generator of electric power, and twenty-three other defendants. TCE argues that the district court erred by applying the filed rate doctrine to preclude it from recovering damages it sustained when TXU allegedly manipulated its market position to create substantial price increases in the short-term energy market.

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Texas deregulated its energy market in 1999 with the passage of Senate Bill 7. Act of May 27, 1999, 76th Leg.,…