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In re Rail Freight Fuel Surcharge Antitrust Litigation

Related Lawyers: Michael D. Hausfeld, Seth R. Gassman, Sathya S. Gosselin
Related Practice Areas: Antitrust / Competition

In re Rail Freight Fuel Surcharge Antitrust Litigation, No. 07-489 (D.D.C.) – representing a consortium of rail freight shippers alleging a five-year conspiracy to fix the price of rail freight fuel services through coordinated fuel surcharge programs and policies.

In one of the largest pending antitrust class actions in the United States, Hausfeld serves as Co-Lead Counsel for a proposed class of freight shippers who allege that the Defendants - the four largest freight railroads in the United States - conspired to fix the price of rail freight services through coordinated fuel surcharge programs and policies, which allowed the Defendants to reap tremendous supra-competitive profits and harm rail freight shippers throughout the country.

On November 7, 2008, the Honorable Paul L. Friedman denied Defendants’ motion to dismiss, concluding that Plaintiffs’ allegations plausibly entitled them to relief and that Plaintiffs were entitled to take discovery on their claims.

Discovery closed in 2010, and class certification was granted on June 21, 2012. Following a remand of the class certification decision from the D.C. Circuit, the parties supplemented their earlier class certification briefing and expert reports—and conducted a five-day hearing before Judge Friedman in September 2016. 

In October 2017, the district court denied class certification while emphasizing the “strong evidence” of conspiracy and injury to thousands of class members. The plaintiffs have appealed to the D.C. Circuit, and the defendants have agreed to continue tolling the statutes of limitations for class members during the appeal.

For additional information about the rights of injured rail freight shippers, please contact us at railfreight@hausfeld.com

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