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

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!