Direct Purchaser Class Certified in Railroad Fuel Surcharge Case

In In re: Rail Freight Fuel Surcharge Antitrust Litigation, multi-district litigation, District of Columbia Paul L. Friedman certified a class of direct purchasers who are alleging that several railroad companies fixed shipping prices through an arbitrary fuel surcharge.  The class was defined as anyone who purchased “rate-unregulated rail freight transport services” directly from at least one of the defendants — Union Pacific Railroad Co., BNSF Railway Co., CSX Transportation Inc. and Norfolk Southern Railway Co. — and paid a standalone fuel surcharge from July 1, 2003, until Dec. 31, 2008, either (1) as a percentage of the base rate for transport, or (2) in the base rate through a process known as “rebasing.”  The court’s opinion has been filed under seal.

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