Related Practices
Related Industries
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As part of the overall antitrust expertise at the firm, our lawyers have broad experience with antitrust advisory and litigation matters involving the transportation industry. We have handled antitrust and competition matters for a broad range of clients, including railroads, airlines, computer reservation systems, trucking companies, water carriers, and others.
The firm regularly represents transportation clients in a wide range of antitrust matters. We have advised on the antitrust dimensions of carrier pricing, marketing practices, inter-carrier agreements, joint ventures between carriers and suppliers or customers, acquisitions subject to the Hart-Scott-Rodino Act, and much more. Our lawyers have handled competition issues in connection with our representation of airlines and computer reservation systems at the Department of Transportation, railroad clients at the Surface Transportation Board and before the Department of Justice, and a port agency before the Federal Maritime Commission. For example, our lawyers have been involved in numerous rail merger proceedings at the Surface Transportation Board, including winning agency approval of Union Pacific’s acquisition of Southern Pacific over the objections of the Justice Department’s Antitrust Division. Linda Morgan, head of our Transportation practice group and formerly Chairman of the Surface Transportation Board and General Counsel of the Senate Commerce Committee, has broad experience with competition issues in the transportation industry.
Our lawyers also have substantial experience litigating transportation-related antitrust cases. For example, we represented airlines in suits involving alleged price signaling and operation of a computer reservation system, defended a predatory pricing action against the three largest less-than-truckload motor carriers, and litigated Noerr-Pennington issues for a railroad in an antitrust case. Our antitrust litigators and our transportation regulatory experts often work together on such cases, ensuring that clients benefit from our sophisticated understanding of the economic forces at play in the transportation industry and our ability to develop threshold defenses based on federal or state regulation.
Representative Matters
- We represented TTX (formerly Trailer Train) in obtaining Surface Transportation Board approval for its equipment pooling activities.
- We persuaded the Federal Maritime Commission to dismiss a complaint alleging that the Maryland Port Administration had violated the Shipping Act by offering discriminatory lease terms.
- We provided antitrust representation to a shipper association composed of significant U.S. exporters in a manufacturing sector. Our work included obtaining and administering compliance with the client’s Export Trade Certificate of Review under the Export Trading Company Act, in connection with the client’s negotiation of contracts with international ocean carriers.
- We provide ongoing antitrust counsel to the Association of American Railroads on a variety of standard-setting and transactional issues.
- We are assisting a railroad with its responses to requests for information from the Department of Justice concerning certain rates and practices.
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