[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Page 26792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10340]
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FEDERAL MARITIME COMMISSION
[Docket No. 16-10]
Notice of Filing of Complaint and Assignment
Rush Truck Centers of Arizona, Inc., Rush Truck Centers of
California, Inc., Rush Truck Centers of Colorado, Inc., Rush Truck
Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush
Truck Centers of Idaho, Inc., Rush Truck Centers of Kansas, Inc.,
Rush Truck Centers of North Carolina, Inc., Rush Truck Centers of
Ohio, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers
of Texas, LP., Rush Truck Centers of Utah, Inc., On Behalf of
Themselves and All others similarly situated 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 Vapores S.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'', hereinafter ``Respondents.'' The Complaint is
brought as a proposed class action. Complainants ``seek to represent
classes of truck and heavy equipment dealers in approximately 30 states
. . . who purchased new Vehicles . . . that included in their prices
Vehicle Carrier Services from any Respondent, unnamed co-conspirator,
or any current or former subsidiary or affiliate thereof . . . . ''
Complainants allege that Respondents ``transport large numbers of cars,
medium- and heavy-duty trucks, and other new, assembled motor vehicles
including buses, commercial vehicles, construction equipment, mining
equipment, and agricultural equipment . . . across oceans and other
large bodies of water using specialized cargo ships known as Roll On-
Roll Off vessels (``RoRos'').''
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
allocation [sic] the market and customers for Vehicle Carrier Services
sold to Vehicle manufacturers (``OEMs'') in the United States and
elsewhere for the import and export of new, assembled 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 Truck and Equipment Dealer 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/16-10.
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 April 28, 2017 and the final decision of
the Commission shall be issued by November 13, 2017.
Karen V. Gregory,
Secretary.
[FR Doc. 2016-10340 Filed 5-3-16; 8:45 am]
BILLING CODE 6731-AA-P