Report: Court Dismisses Suit Which Challenged ERCOT Small Fish Swim Free Rule (Again)
March 03,2016
The National Law Review reports that a lawsuit from Aspire Commodities, L.P. and Raiden Commodities, L.P. filed against GDF Suez Energy North America, Inc. and various affiliates has been dismissed by United States Court of Appeals for the Fifth Circuit, as the court affirmed a district court ruling
The Appeals court affirmed that a Commodity Futures Trading Commission order precludes a private cause of action under the Commodity Exchange Act for ERCOT transactions.
The power traders' suit essentially challenged the ERCOT market small fish swim free rule, as Aspire Commodities and Raiden Commodities alleged bidding behavior by GDF Suez Energy North America in ERCOT violated the CEA despite complying with Texas law.