Kramer Levin Files Suit for The Procter & Gamble Company against Railroads Alleging Violations of Federal Antitrust Laws

On May 1, 2020, Kramer Levin filed a federal antitrust lawsuit in the U.S. District Court for the Southern District of Ohio on behalf of its clients The Procter & Gamble Company and certain affiliates against BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation Inc. and Norfolk Southern Railway Company. P&G alleges that the railroads overcharged P&G for rail freight as a result of an illegal price fixing conspiracy in the 2003-2008 time period. The suit follows a series of similar antitrust lawsuits against the railroads, most of which are currently pending in a multidistrict litigation proceeding, Rail Freight Fuel Surcharge Antitrust Litigation (No. II), MDL No. 2925, in the U.S. District Court for the District of Columbia. 

P&G’s suit, which seeks relief for violations of Section 1 of the Sherman Act, alleges that the railroads conspired to fix, raise, maintain, and/or stabilize prices of certain rail freight transportation services sold in the U.S. In particular, the suit alleges that the railroads took a series of coordinated actions in connection with imposing on P&G, over multiple years, certain rail fuel surcharges that far exceeded any increases in the railroads’ actual fuel costs.

The complaint can be found here.