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Kaplan Fox & Kilsheimer LLP serves as a court-appointed Interim co-Lead Counsel for Plaintiffs and the Class in In re: Hawaiian and Guamanian Cabotage Antitrust Litigation, pending in the United States District Court for the Western District of Washington. This is a class action brought on behalf of direct purchasers from defendants of ocean shipping services between the continental United States and the State of Hawaii (“Hawaii”), between the continental United States and the Territory of Guam (“Guam”), and between Hawaii and Guam (collectively, the “Hawaii/Guam market”). The defendants are Horizon Lines Holding Co., Horizon Lines, Inc., and Horizon Lines, LLC (collectively “Horizon”), and Matson Navigation Company, Inc. and Alexander & Baldwin, Inc. (collectively “Matson”). Horizon and Matson are the primary providers of ocean shipping services in the Hawaii/Guam market.
Plaintiffs allege that from at least October 11, 1999 through at least April 19, 2008 defendants conspired to fix, raise, and maintain the prices of ocean shipping services in the Hawaii/Guam market in violation of Sections 1 and 3 of the Sherman Antitrust Act. Plaintiffs allege that defendants effectuated their conspiracy by at least the following means: (1) coordinating fuel surcharges; (2) reducing and stabilizing the available shipping capacity; (3) allocating customers; and (4) refusing to enter into private contracts with freight forwarders.
On August 13, 2008, the Judicial Panel on Multidistrict Litigation centralized the related antitrust class actions in the Western District of Washington. Plaintiffs filed a Consolidated Class Action Complaint on February 2, 2009, and the defendants filed motions to dismiss on March 20, 2009. On August 18, 2009, the Honorable Thomas S. Zilly issued an order and opinion granting defendants’ motions to dismiss, with leave to replead. In re Hawaiian and Guamanian Antitrust Litig., 647 F. Supp. 2d 1250 (W.D. Wash. 2009). On May 28, 2010 plaintiffs filed the Second Amended Consolidated Class Action Complaint. Defendants are to file any motions to dismiss by July 12, 2010.
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