[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1629-1630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00516]


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FEDERAL MARITIME COMMISSION

[Docket No. 16-01]


Cargo Agents, Inc, International Transport Management Corp., and 
RCL Agencies, 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 (U.S.A.), Inc., Kawasaki Kisen Kaisha 
Ltd., ``K'' Line America, Inc., Eukor Car Carriers Inc., Wallenius 
Wilhelmsen Logistics as, Wallenius Wilhelmsen Logistics Americas LLC, 
Compa[ntilde]ia Sud Americana de Vapores S.A., CSAV Agency North 
America, LLC, H[ouml]egh Autoliners Holdings as, H[ouml]egh Autoliners 
as, H[ouml]egh Autoliners, Inc., Autotrans as, Alliance Navigation LLC, 
and Nissan Motor Car Carrier Co., LTD.; Notice of Filing of Complaint 
and Assignment

    Notice is given that a ``Class Action Complaint'' has been filed 
with the Federal Maritime Commission (Commission) by Cargo Agents, 
Inc., International Transport Management, Corp., and RCL Agencies, Inc. 
on behalf of themselves and all others similarly situated, hereinafter 
``Complainants,'' against the vehicle transport services providers 
named in the above caption, hereinafter ``Respondents.'' Complainants 
state that they are purchasers of ``Vehicle Carrier Services'' from 
Respondents. Complainants allege that Respondents ``are the largest 
providers of deep sea vehicle transport services . . . in the world, 
including for shipments to and from the United States.''
    Complainants allege that Respondents violated provisions of the 
Shipping Act of 1984, including 46 U.S.C. 40302(a), 41102(b)(1), 
41102(c), 41104(10), 41105, and the Commission's regulations at 46 CFR 
535.401 et seq., because they ``have conspired to allocate customers 
and markets, to rig bids, to restrict supply, and otherwise to raise, 
fix, stabilize, or maintain prices for Vehicle Carrier Services for 
shipment to and from the United States, pursuant to agreements between 
and among them that were not filed with the Federal Maritime Commission 
. . . and that otherwise violated the Shipping Act and regulations 
promulgated thereunder.''
    Complainants request the following relief:
    ``(a) That the Respondents be required to answer the charges 
herein;
    (b) That the Commission certify this action as a class action under 
Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure and that 
Complainants be deemed adequate representatives of the Class;
    (c) That, after due investigation and hearing, Respondents be found 
to have violated [the Shipping Act provisions and Commission 
regulations listed above];
    (d) That the Commission order Respondents to cease and desist from 
violating the Shipping Act, including the above-specified provisions 
thereof;
    (e) That Complainants and the Class recover reparations in a sum to 
be proven under 46 U.S.C. 41305, with interest . . .;
    (f) That Complainants and the Class members recover their costs of 
the suit including reasonable attorneys' fees as provided by 46 U.S.C. 
41305(e);
    (g) That Complainants and the Class be awarded up to double their 
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) and (3);
    (h) That Respondents be found jointly and severally liable for the 
conduct alleged herein, including that of their co-conspirators; and
    (i) That the Commission direct further relief as it may deem just 
and proper.''
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov/16-01.
    This proceeding has been assigned to the Office of Administrative 
Law Judges.

[[Page 1630]]

The initial decision of the presiding officer in this proceeding shall 
be issued by January 6, 2017 and the final decision of the Commission 
shall be issued by July 20, 2017.

Karen V. Gregory,
Secretary.
[FR Doc. 2016-00516 Filed 1-12-16; 8:45 am]
BILLING CODE 6731-0AA-P