[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Page 17714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07105]
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FEDERAL MARITIME COMMISSION
[Docket No. 16-07]
Notice of Filing of Complaint and Assignment
Jill M. Alban, Grant M. Alban, Mary Arnold, Al Baker, Katrina
Bonar, Emmett R. Brophy, Steven Bruzonsky, Monica Bushey, Craig
Buske, Doda ``Danny'' Camaj, Stephanie B. Crosby, Melinda Deneau,
Jennifer Dillon, Jeffrey L. Gannon, Pamela Goessling,Thomas
Goessling, Sean Gurney, Sheryl Haley, Lesley Denise Hart, Bruce
Hertz, Elizabeth Ashley Hill N[egrave]e Edwards, Maria Kooken, Adair
Lara, Christine Laster, Kori Lehrkamp, Michael Lehrkamp, John Leyva,
Joan Macquarrie, Daniel Morris, Tony Nikprelaj, Gustavo Adolfo
Perez, Judy A. Reiber, Roberta Rothstein, Jeffrey Rubinstein,
Alexandra Scott, Jason Smith, Catherine Taylor, Richard Tomasko, and
Demian Vargas,
V.
Nippon Yusen Kabushiki Kaisha, Nyk Line (North America) Inc.,
Mitsui O.S.K. Lines, Ltd., Mitsui O.S.K. Bulk Shipping (USA), Inc.,
World Logistics Service (USA) Inc., H[ouml]egh Autoliners AS,
H[ouml]egh Autoliners, Inc., Nissan Motor Car Carriers Co. Ltd.,
Kawasaki Kisen Kaisha, Ltd., ``K'' Line America, Inc., Wallenius
Wilhelmsen Logistics AS, Wallenius Wilhelmsen Logistics Americas
LLC, EUKOR Car Carriers Inc., Compa[ntilde][iacute]a Sud Americana
De Vaporess.A., and CSAV Agency North America, LLC
Notice is given that a Complaint has been filed with the Federal
Maritime Commission (Commission) by the above named Complainants, on
behalf of themselves and all others similarly situated, hereinafter
``Complainants,'' against the above named providers of ``Vehicle
Carrier Services'' and unnamed co-conspirators, hereinafter
``Respondents.'' The Complaint is brought as a proposed class action.
Complainants ``seek to represent all persons and entities in the United
States who purchased or leased a new, assembled motor vehicle for
personal use and not for resale, incorporating a Vehicle Carrier
Service charge charged by any Respondent or any current or former
subsidiary or affiliate thereof, or any co-conspirator, from and
including January 1, 2000. . . .'' Complainants allege that Respondents
``transport large numbers of cars, trucks, and other automotive
vehicles including agriculture and construction equipment . . . across
large bodies of water using specialized cargo ships known as Roll On/
Roll Off vessels. . . .''
Complainants allege that Respondents violated provisions of the
Shipping Act of 1984, including 46 U.S.C. 40302(a), 41102(b)(1),
41102(c), 41103(a)(1) and (2), 41104(10), 41105(1) and (6), and the
Commission's regulations at 46 CFR 535.401 et seq., because they
``participated in a combination and conspiracy to suppress and
eliminate competition in the Vehicle Carrier Services market by
agreeing to fix, raise, stabilize and/or maintain the prices of, and
allocate the market and customers for Vehicle Carrier Services sold to
automobile manufacturers and others in the United States, and
elsewhere, for the import and export of new, assembled motor vehicles
to and from the United States.''
Complainants request the following relief:
(1) That Respondents be required to answer the charges herein;
(2) That after due investigation and hearing Respondents be found
to have violated 46 U.S.C. 40302(a), 41102(b)(l), 41102(c), 41103(a)(l)
and (2), 41104(10), 41105(1) and (6), and 46 CFR 535.401, et seq., and
such other provisions as to which violations may be proved hereunder;
(3) The FMC determine that this action may be maintained as a class
action under Rule 23(a), (b)(2) and (b)(3) of the Federal Rules of
Civil Procedure, and direct that reasonable notice of this action, as
provided by Rule 23(c)(2) of the Federal Rules of Civil Procedure, be
given to each and every member of the Class;
(4) That Complainants be awarded reparations in a sum to be proven
under 46 U.S.C. 41305, with interest (46 U.S.C. 41305(a)) and
reasonable attorneys' fees (46 U.S.C. 41305 (b));
(5) That Complainants be awarded double its proven actual injury
under 46 U.S.C. 41305(c) because Respondents and their co-conspirators
violated 46 U.S.C. 41102(b) and 41105(1);
(6) That Respondents be found jointly and severally liable for the
conduct alleged herein including that of their co-conspirators; and
(7) That such other and further order or orders be made as the FMC
determines to be proper.
The full text of the complaint can be found in the Commission's
Electronic Reading Room at www.fmc.gov/16-07.
This proceeding has been assigned to the Office of Administrative
Law Judges. The initial decision of the presiding officer in this
proceeding shall be issued by March 24, 2017 and the final decision of
the Commission shall be issued by October 10, 2017.
Karen V. Gregory,
Secretary.
[FR Doc. 2016-07105 Filed 3-29-16; 8:45 am]
BILLING CODE 6731-AA-P