9th Circ. Nixes Shipping Surcharge MDL

Law360, New York (September 29, 2011, 7:47 PM EDT) -- The Ninth Circuit on Thursday affirmed the dismissal of a multidistrict litigation alleging shipping giants Horizon Lines LLC and Matson Navigation Co. Inc. colluded to increase fuel surcharges and divvy up customers on shipping routes to Hawaii and Guam.

The appeals court ruled that U.S. District Judge Thomas S. Zilly correctly found in December that the suit was barred by the filed-rate doctrine, which precludes monetary relief for antitrust and similar claims relating to tariffs or schedules filed with a federal regulatory agency.

Both courts ruled...
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