In re: Rail Freight Fuel Surcharge Antitrust Litig., No. 12-7085 (D.C. Cir. 2013)Annotate this Case
Plaintiffs, a group of shippers who paid rate-based fuel surcharges, filed an antitrust action alleging that freight railroads engaged in a price-fixing conspiracy. On interlocutory appeal, the freight railroads seek to undo class certification because separate trials were needed to distinguish the shippers the alleged conspiracy injured from those it did not. The court vacated the district court's class certification decision and remanded the case to permit the district court to reconsider its decision in light of Comcast Corp. v. Behrend, which clarified the law of class actions after the district court had certified the class.