Fiat Chrysler Automobiles NV, FCA US LLC and FCA Italy S.P.A., V. Wallenius Wilhelmsen Logistics AS, Wallenius Wilhelmsen Logistics Americas LLC, EUKOR Car Carriers INC., Nippon Yusen Kabushiki Kaisha, NYK Line (North America) INC., Mitsui O.S.K. Lines, LTD., MOL (America) INC., Kawasaki Kisen Kaisha, LTD.,''K'' Line America, INC., Compa[ntilde][iacute]a Sud Americana De Vapores, And Ho[euml]gh Autoliners AS, Notice of Filing of Complaint and Assignment

Rachel E. Dickon
Federal Maritime Commission
24 October 2017

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Page 49206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22969]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 17-09]


Fiat Chrysler Automobiles NV, FCA US LLC and FCA Italy S.P.A., V. 
Wallenius Wilhelmsen Logistics AS, Wallenius Wilhelmsen Logistics 
Americas LLC, EUKOR Car Carriers INC., Nippon Yusen Kabushiki Kaisha, 
NYK Line (North America) INC., Mitsui O.S.K. Lines, LTD., MOL (America) 
INC., Kawasaki Kisen Kaisha, LTD.,''K'' Line America, INC., 
Compa[ntilde][iacute]a Sud Americana De Vapores, And Ho[euml]gh 
Autoliners AS, Notice of Filing of Complaint and Assignment

    Notice is given that a Complaint has been filed with the Federal 
Maritime Commission (Commission) by Fiat Chrysler Automobiles NV, FCA 
US LLC, and FCA Italy S.p.A, hereinafter ``Complainants,'' against the 
above named companies, hereinafter ``Respondents.'' Complainants allege 
that Respondents are ocean common carriers, and indicate that since 
1997, Complainants have ``purchased hundreds of millions of dollars' 
worth of roll on, roll off cargo services from Respondents.''
    Complainants allege that Respondents ``have conspired and acted in 
concert to suppress competition for roll on, roll off cargo shipping 
services'' in violation of ``46 U.S.C. 40302(a), 41102(b)(1), 41102(c), 
41103(a)(1), 41103(2), 41104(10), 41105(1) and 41105(6), and the 
regulations promulgated thereunder, 46 CFR 535.401 et seq.,'' as 
Respondents ``failed to file their agreements to fix prices, allocate 
customers and/or artificially restrain capacity'', and charged 
Complainants fees ``in accordance with these unfiled agreements.''
    Complainants have ``suffered financial damages in amount to be 
determined . . .'' Complainants request the following relief:
    1. ``That Respondents be required to answer the charges herein;
    2. That, after due investigation and hearing, Respondents be found 
to have violated 46 U.S.C. 40302(a), 41102(b)(1), 41102(c), 
41103(a)(1), 41103(2) 41104(10), 41105(1), and 41105(6), and 46 CFR 
535.401 et seq.;
    3. That the FMC order Respondents to stop violating the Shipping 
Act;
    4. That [Complainants] be awarded reparations in a sum to be proven 
under 46 U.S.C. 41305, interest (46 U.S.C. 41305(a)) and reasonable 
attorneys' fees (46 U.S.C. 41305(b));
    5. That [Complainants] be awarded double its proven injury under 46 
U.S.C. 41305(c) because Respondents and their co-conspirators violated 
46 U.S.C. 41102(b) and 41105(1);
    6. That Respondents be found jointly and severally liable for the 
conduct alleged herein and any reparations awarded;
    7. That such other and further order be made as the FMC determines 
to be proper; and
    8. [Complaints] request a hearing and asks that the hearing be held 
in Washington, DC.''
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov/17-09.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by October 17, 2018 and the final decision 
of the Commission shall be issued by May 1, 2019.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-22969 Filed 10-23-17; 8:45 am]
BILLING CODE 6731-AA-P