DC Circ. Puts Burden On Rail Cos. To Exclude Antitrust Docs

By Bryan Koenig (May 17, 2022, 10:52 PM EDT) -- A D.C. Circuit panel on Tuesday upheld the bulk of a lower court ruling that required some discussions between rail carriers about interline shipping to be included as evidence in a long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme.

The panel's order only partially reversed U.S. District Judge Paul L. Friedman's interpretation of Section 10706 of the U.S. Code, which was created in 1980 and, for the most part, places a heavy burden on the rail carriers to show they are entitled to exclude discussions from evidence.

Although the order makes it somewhat easier for the rail giants to show...

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