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Consol Energy sues major U.S. railroads alleging illegal fuel charge scheme

Federal Court

By Marian Johns | Dec 11, 2019

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WASHINGTON (Legal Newsline) – Consol Energy has filed a lawsuit against some of the largest U.S. class I railroads alleging an illegal fuel charge scheme. 

Consol Energy Inc. filed a complaint Nov. 18 in the U.S. District Court for the District of Columbia against CSX Transportation Inc., BNSF Railway Co., Union Pacific Railroad Co. and Norfolk Southern Railway Co., alleging violation of the Sherman Act and Clayton Act.

Consol alleges that the defendant railroads violated antitrust laws by assessing a rate-based fuel charge for its freight transportation services between July 1, 2003, until at least Dec. 31, 2008. Consol alleges the railways, which together control about 90 percent of the U.S. freight traffic, "conspired" to use the high fuel charges to "fix, raise, maintain, and/or stabilize" rail prices in the U.S.

Consol seeks compensatory damages, a trial by jury and all other just and proper relief. It is represented by Michael Hausfeld, Brian Ratner, Sathya Gosselin, Melinda Coolidge and Theodore DiSalvo of Hausfeld LLP in Washington, D.C., and Michael Lehmann and Seth Gassma of Hausfeld LLP in San Francisco. 

U.S. District Court for the District of Columbia case number 1:19-CV-03475-PLF

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