Legal Library: Cases and Proceedings

The New Hampshire Motor Transport Association settled charges that it filed tariffs on behalf of its 400 members containing rules  that called for automatic increases in intrastate rates during the summer months, conduct that was not protected by the state action doctrine because it was not actively supervised by the state. In addition, the organization agreed to void its collectively filed tariffs current in effect in New Hampshire, ensuring that future tarriff provisions would be filed individually.

An association of household goods movers agreed to settle FTC charges that it violated the antitrust laws by engaging in the collective filing of tariffs on behalf of its members who compete in the provision of moving services in the state of Alabama. The conduct is not protected by the state action doctrine because it was not actively supervised by the state. Under terms of a final consent order, Alabama Trucking Association, Inc. agreed to stop filing tariffs containing collective intrastate rates and to void collectively filed tariffs currently in effect in Alabama.

In an administrative complaint issued on July 8, 2003, the Commission charged that the association composed of competing household goods movers filed collective rates for intrastate moving services in the state of Mississippi. According to the complaint, these activities were not protected under the state action doctrine because they were not actively supervised by the state. Under terms of a final consent order the Movers Conference agreed to stop filing tariffs containing collective intrastate rates.

The Surgical Specialists of Yakima, Cascade Surgical Partners, Inc., P.S. and Yakima Surgical Associates, P.S. settled charges that they jointly entered into agreements for their members to fix prices and terms for the provision of medical services when dealing with health care insurers.