[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Page 26793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10341]


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FEDERAL MARITIME COMMISSION

[Docket No. 16-11]


Notice of Filing of Complaint and Assignment

    Landers Brothers Auto Group, Inc. D/B/A Landers Honda 
(Jonesboro), Landers Brothers Auto No. 4, LLC D/B/A/Landers Honda 
(Pine Bluff), Individually and on Behalf of 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 
all Automobile Dealers in the United States who purchased motor 
vehicles incorporating a Vehicle Carrier Service charge charged by any 
Respondent or any current or former subsidiary or affiliate thereof, or 
any co-conspirator . . . .'' 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 (``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 automobile manufacturers and others in the United States, and 
elsewhere, for the import and export of 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/16-11
    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. 2016-10341 Filed 5-3-16; 8:45 am]
 BILLING CODE 6731-AA-P