[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