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AAI urges US court to reverse judgment in rail freight antitrust case

( December 19, 2025, 18:08 GMT | Official Statement) -- MLex Summary: The American Antitrust Institute told a US appeals court that a lower court erred in granting a summary judgment against US price-fixing claims against Norfolk Southern Railway, CSX Transportation, BNSF Railway and Union Pacific Railroad, failing to faithfully apply the Supreme Court’s two-part framework. “It erred in both parts of the analysis by conflating the second part of the framework with the first part. Instead of asking whether plaintiffs can prove parallel conduct and plus factors, it asked whether plaintiffs can show ‘unusual parallel conduct.’ Specifically, it required plaintiffs to show conduct that is ‘so unusual’ in its parallelism that it is even more parallel than oligopolistic interdependence,” AAI argued. See attached file. ...

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