Filed Rate Doctrine

Filed Rate Doctrine

Filed Rate Doctrine

Rates filed with and approved by a regulator may not be challenged as unreasonable in a damages action. The doctrine applies to federal and in many jurisdictions state regulatory filings.

It bars damages rather than all relief.

Alternative Names:

Filed Rate|Keogh Doctrine

Why it Matters?

The doctrine bars damages claims but not necessarily injunctive relief, and applies regardless of whether the regulator actively reviewed the filing, which makes it a categorical defense in regulated industries including insurance, energy, and telecommunications. Determining whether the challenged rate was actually filed and whether the applicable regulatory scheme triggers the doctrine is the threshold analysis.

Frequently Confused with

Related terms

Frequently asked questions

Does the doctrine require active regulatory review?

Does the doctrine require active regulatory review?

No. It applies to filed rates regardless of whether the regulator scrutinized the filing.

What relief remains available?

What relief remains available?

Injunctive relief in many formulations, since the bar reaches damages claims specifically.