Justia Antitrust & Trade Regulation Opinion Summaries

Articles Posted in Admiralty & Maritime Law
by
Plaintiffs used ocean common carriers to transport vehicles between foreign countries and the United States. Direct purchaser plaintiffs made arrangements with and received vehicles directly from the carriers, while indirect purchaser plaintiffs obtained the benefit of the carrier services by ultimately receiving vehicles transported from abroad. In 2012, law enforcement raided the offices of Defendants, ocean common carriers, in connection with antitrust investigations. Several Defendants pleaded pleaded guilty to antitrust violations based on price-fixing, allocating customers, and rigging bids for vehicle carrier services. Plaintiffs filed suit, alleging that Defendants entered into agreements to fix prices and reduce capacity in violation of federal antitrust laws and state laws. The Third Circuit affirmed dismissal of the case. Defendants allegedly engaged in acts prohibited by the Shipping Act of 1984, 46 U.S.C. 40101, which both precludes private plaintiffs from seeking relief under the federal antitrust laws for such conduct and preempts the state law claims under circumstances like those at issue. The Act responds to “the need to foster a regulatory environment in which U.S.-flag liner operators are not placed at a competitive disadvantage vis-a-vis their foreign-flag competitors.” The Federal Maritime Commission has regulatory authority displacing private suits. View "In re: Vehicle Carrier Services Antitrust Litigations" on Justia Law

by
An Automated Maritime Telecommunications System (AMTS) is a U.S. communication service between land and vessels in navigable waterways, existing on specific broadcast frequencies. Advances in technology have greatly expanded the potential uses of AMTSs. Under the original site-based system, small geographic regions were defined by location and the waterway served and the FCC provided licenses at no cost to the first applicant. In 2000, the FCC stopped issuing site-based licenses and began issuing licenses by competitive bidding; it divided the U.S. into 10 regions and, at public auctions, sold “geographic” licenses for two blocks of AMTS frequencies in each region. Although geographic licensees may generally place stations anywhere within their region, they may not interfere with the functioning of existing site-based stations, so the location of a site-based station creates a gap in a geographic licensee’s coverage area. Plaintiffs obtained geographic licenses in areas overlaying pre-existing site-based licenses. Site-based operators refused to provide plaintiffs with the operating contours for their site-based locations within plaintiffs’ geographic locations. Plaintiffs filed suit, alleging violation of the Federal Communications Act and the Sherman Antitrust Act. The Third Circuit affirmed dismissal of the FCA claims and a determination that no antitrust conspiracy existed. Plaintiffs did not identify particular actions that were determined by the FCC to be unreasonable or unjust and, therefore, do not possess a private right of action. View "Havens v. Mobex Network Servs., LLC" on Justia Law

by
An Automated Maritime Telecommunications System (AMTS) is a U.S. communication service between land and vessels in navigable waterways, existing on specific broadcast frequencies. Advances in technology have greatly expanded the potential uses of AMTSs. Under the original site-based system, small geographic regions were defined by location and the waterway served and the FCC provided licenses at no cost to the first applicant. In 2000, the FCC stopped issuing site-based licenses and began issuing licenses by competitive bidding; it divided the U.S. into 10 regions and, at public auctions, sold “geographic” licenses for two blocks of AMTS frequencies in each region. Although geographic licensees may generally place stations anywhere within their region, they may not interfere with the functioning of existing site-based stations, so the location of a site-based station creates a gap in a geographic licensee’s coverage area. Plaintiffs obtained geographic licenses in areas overlaying pre-existing site-based licenses. Site-based operators refused to provide plaintiffs with the operating contours for their site-based locations within plaintiffs’ geographic locations. Plaintiffs filed suit, alleging violation of the Federal Communications Act and the Sherman Antitrust Act. The Third Circuit affirmed dismissal of the FCA claims and a determination that no antitrust conspiracy existed. Plaintiffs did not identify particular actions that were determined by the FCC to be unreasonable or unjust and, therefore, do not possess a private right of action. View "Havens v. Mobex Network Servs., LLC" on Justia Law

by
This case involved the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706, which set up a framework for the timely filing of claims against carriers for damaged cargo. In this case, it was undisputed that neither the shipper nor the shipping broker filed either a claim or a lawsuit within the prescribed time limitations. Therefore, were the court to create some exception to the statutorily authorized, contractually mandated requirements of prompt filing, the court would blow a hole in the balance struck by the Carmack Amendment and undermine Congress's intent to protect carriers against stale claims. Therefore, the court reversed the judgment of the district court in favor of the shipping broker and remanded with instructions to dismiss the lawsuit. View "Dominion Resources Serv. v. 5K Logistics, Inc." on Justia Law