In re: Vehicle Carrier Services Antitrust Litigations, No. 15-3353 (3d Cir. 2017)Annotate this Case
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.