9th Circ. Won't Rethink UPS, FedEx Antitrust Ruling

By Matthew Perlman (October 31, 2017, 9:04 PM EDT) -- A split Ninth Circuit panel on Tuesday declined to rehear transportation manager AFMS' bid to revive its antitrust claims against UPS and FedEx for allegedly suppressing competition by refusing to deal with third-party consultants that negotiate discounted shipping rates for companies.

The divided three-judge panel denied AFMS LLC's motion for rehearing in a single-page order on Tuesday, and said no circuit judges requested a vote on an en banc rehearing. The panel's ruling in August affirmed summary judgment wins for United Parcel Service Inc. and FedEx Corp., after finding AFMS had failed to show that it participated in the same market...

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