Up next is Oneok v. Learjet (No. 13-271) (which involved numerous parties in In re: Western States Antitrust Litigation). While maybe not as enthralling as First Amendment issues, this case deals with the wholesalers charging retail purchasers higher fees.  More importantly, it addresses the ability/right of retail purchasers to allege anti-trust violations in court.

This case also came from the Ninth Circuit where retail purchasers of natural gas sued the wholesale suppliers under state antitrust laws claiming the wholesalers had manipulated the price of the natural gas.  The

Ninth Circuit reversed the district court’s summary judgment against the plaintiffs and held that the Natural Gas Act did not preempt the state law anti-trust claims.

The factual background involves setting of prices and allegations of price manipulation and ultimately involves industry regulation, but the Supreme Court will be asked to decide whether the Natural Gas Act preempts state law claims.