NEW YORK A lawsuit
accusing Union Pacific Railroad Co. and Burlington Northern
Santa Fe Railway Co. (BNSF) of price-fixing and other antitrust
violations has been dismissed by a federal court.
The suit by West Palm Beach,
Fla.-based coal company Oxbow Carbon & Minerals LLC and
subsidiaries claimed they had been harmed by unfair pricing and
inferior rail freight services resulting from Union
Pacifics and BNSFs conduct.
The group alleged that the two
railways had conspired "to fix prices by the use of a uniform
fuel surcharge that bore no relationship to actual fuel costs,"
according to the complaint filed in U.S. District Court in the
District of Columbia in June 2011.
"The complaint lacks factual
allegations about how the alleged agreement came about, the
basic terms of the agreement itself, or how the defendants used
the agreement to monopolize the rail freight market," according
to the ruling dismissing the lawsuit.
Oxbow said in 2011 that it had
paid more than $30 million in wrongfully imposed fuel
surcharges and was seeking three times the damages plus legal
fees, costs, interest and other relief (
amm.com, June 8, 2011).