DOJ Says Rail Giants Can't Limit Price-Fixing Evidence

By Bryan Koenig (July 29, 2020, 9:00 PM EDT) -- The country's four largest railroad carriers cannot exclude everything but "direct" evidence of a fuel surcharge price-fixing conspiracy from private multidistrict litigation, the U.S. Department of Justice told a D.C. federal judge Tuesday.

Asked to weigh in on the first court consideration of Section 10706 of 49 U.S. Code since its 1980 enactment, the DOJ took a middle ground between BNSF Railway Co., Union Pacific Railroad Co., CSX Transportation Inc. and Norfolk Southern Railway Co., and the shippers suing them.

At issue is Section 10706's exclusion of evidence from antitrust cases against two or more rail carriers when the evidence relates...

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