Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Vehicle carrier service providers accused of price fixing, (Jun 27, 2013)
Law Firms Mentioned:Cotchett, Pitre & McCarthy, LLP
Organizations Mentioned:Compania Sud Americana De Vapoeres S.A. | Cotchett Pitre & McCarthy, LLP | EUKOR Vehicle Carriers, Inc. | K Line America, Inc. | Kawasaki Kisen Kaisha, Ltd. | Mitsui O.S.K. Linkes, Ltd. | NYK Link North America, Inc. | Nippon Yusen Kabushiki Kaisha | Nissan Motor Car Carrier Co., Ltd. | Toyofuji Shipping Co., Ltd. | Wallenius Lines AB | Wellenius Wilhelmsen Logistics AS | Wilh. Wilhelmsen ASA | Wilh. Wilhelmsen Holding ASA
By William Zale, J.D.
Individuals seeking to represent a nationwide class of indirect purchasers of vehicle carrier services incorporated into the price of a new vehicle, upon purchase or lease, have asserted a price fixing conspiracy in a lawsuit against providers of vehicle carrier services. The complaint in Spicer v. Nippon Yusen Kabushiki Kaisha was filed in the federal district court in Oakland on June 24, 2013.
Vehicle carriers transport large numbers of cars, trucks, or other automotive vehicles including agriculture and construction equipment across oceans using specialized cargo ships known as roll on/roll off vessels, according to the complaint. The providers of vehicle carrier services globally and in the United States allegedly have engaged in a five-year conspiracy to fix prices and allocate the market and customers in the United States for vehicle carrier services. The named plaintiffs seek to represent all persons and entities in the United States who indirectly purchased from a provider, subsidiary, affiliate, or co-conspirator, vehicle carrier services incorporated into the price of a new vehicle purchased or leased for personal use during the period from January 2008 through such time as the anticompetitive effects of the providers’ conduct ceased.
The plaintiffs assert claims under Section 1 of the Sherman Act, state antitrust laws, and state consumer protection statutes. The plaintiffs request injunctive relief and award of damages, attorney fees, and costs.
The case is No. 4:13-cv-02894-DMR.
Attorneys: Stephen N. Williams (Cotchett, Pitre & McCarthy, LLP) for plaintiffs.
Companies: Nippon Yusen Kabushiki Kaisha; NYK Link North America, Inc.; Mitsui O.S.K. Linkes, Ltd.; Kawasaki Kisen Kaisha, Ltd.; K Line America, Inc.; EUKOR Vehicle Carriers, Inc.; Wellenius Wilhelmsen Logistics AS; Wilh. Wilhelmsen Holding ASA; Wilh. Wilhelmsen ASA; Wallenius Lines AB; Compania Sud Americana De Vapoeres S.A.; Toyofuji Shipping Co., Ltd.; Nissan Motor Car Carrier Co., Ltd.
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