Market access Clause

However, the pharmaceutical industry successfully battled GAO for a decade to prevent GAO from using these access to records clauses to obtain information about individual companies research, development, and marketing costs. The following discussion outlines GAO s unsuccessful attempt to obtain research, development, marketing, and promotional costs from the industry, demonstrating the industry s willingness to fight disclosure. 

The FERC found that open access was not enough to foster competitive gas markets if pipelines owned the gas that they shipped. It was at this point, in 1992, that the FERC required that pipelines transfer title to their own gas supplies by the time the gas entered the main trunk pipelines. In this way, all of the gas in their trunk lines was owned by others, and no gas supplier could claim an operational advantage over any other (as the pipelines had theretofore successfully been able to do). In essence, the EERC imposed the Commodities Clause that Congress had declined to apply to oil pipelines in 1906 or to gas pipelines in 1938. 

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