[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