On June 24, 2025, Judge Beryl A. Howell granted summary judgment on behalf of CSX Transportation, Norfolk Southern Railway, Co., Union Pacific Railroad Co., and BNSF Railway Co in their long-running antitrust disputes with shippers, In Re Rail Freight Fuel Surcharge Antitrust Litigation. Econic Partners Founding Partner Dr. Mark A. Israel served as the railroads’ liability expert in the matter. Dr. Israel worked extensively on the matter, preparing four reports and sitting for multiple depositions. His analysis found the railroad’s pricing conduct was not parallel, and the economic evidence did not allow the inference of a conspiracy in an oligopolistic industry.
Judge Howell found that “[p]laintiffs rely on circumstantial evidence yet cannot demonstrate that defendants even acted in a parallel fashion, let alone that their decisions were motivated by an illicit agreement as opposed to self-interested decision-making in an interdependent oligopoly.”
Longtime colleagues of the Econic Partners team worked on behalf of the railroads, including Professor Dennis Carlton. In addition, prior to Dr. Israel taking the reins, Professor Robert Willig testified on class certification and Professor Joseph P. Kalt testified on class certification and liability.
Dr. Israel was supported by Dr. Steven Peterson, Dr. David Reishus, Georgi Giozov, Ian MacSwain, and Meade Atkeson. The Econic team worked closely with counsel. CSXT was represented by Kent Gardiner, Luke van Houwelingen, and Eric Enson of Crowell; Norfolk Southern was represented by Tara Reinhart and Thomas Gentry of Skadden and Jennifer Patterson of Haug Partners; UP was represented by Tim O’Mara of Latham & Watkins, and John Majoras, Ty Childress, and Kelsey Bryan of Jones Day; BNSF was represented by Josh Soven of Paul Weiss, Glenn Pomerantz of Munger Tolles and Olson and Linda Stein of Steptoe.
