No 'De Facto' Antitrust Immunity For Rail Giants, DOJ Says

Law360 (August 26, 2020, 11:04 PM EDT) -- The U.S. Department of Justice urged a D.C. federal judge in oral arguments Wednesday not to use an untested 40-year-old law establishing evidentiary limitations in certain circumstances to essentially inoculate the country's four rail giants from long-running private litigation alleging a scheme to fix fuel surcharge prices.

Section 10706 of the U.S. Code only "provides a limited and narrow protection for rail carriers," DOJ attorney Bryan J. Leitch said as part of a hearing over whether Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co. and BNSF Railway Co. can use the statute to block at least some of...

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