AAI Urges Reversal of Expansion of Filed Rate Doctrine (In re Cabotage Antitrust Litigation)

AAI filed an amicus brief urging the Ninth Circuit Court of Appeals to reject a lower court’s expansion of the filed rate doctrine, which barred damages claims in connection with an alleged criminal price fixing conspiracy by carriers in the ocean shipping market.  The lower court expanded the filed rate doctrine to immunize rates that were not subject to meaningful review by the Surface Transportation Board, including some rates that were not subject to any tariff filing requirements at all.  The brief was written by AAI Advisory Board Member Chris Sagers with the assistance of AAI Legal Advocacy Director Rick Brunell.