Simonsen Sussman LLP Submits Brief of Amici Curiae Antitrust Law and Economic Professors in Rail Freight Fuel Surcharge Appeal

December 19, 2025 — Washington, DC — Simonsen Sussman LLP submitted an amicus curiae brief on behalf of Prof. John Newman of the University of Memphis School of Law, as well as numerous other antitrust law and economics professors, in the Rail Freight Fuel Surcharge Antitrust Litigation, No. 25-7103 (D.C. Cir.), urging the U.S. Court of Appeals for the D.C. Circuit to reverse the district court’s summary judgment ruling in favor of the defendant railroads.

The brief explains that the district court relied on an incorrect “mere interdependence” theory to discount extensive evidence of coordinated pricing among the nation’s largest freight rail carriers. The amici emphasize that the court’s approach conflicts with established antitrust precedent and economic research demonstrating that concentrated markets are particularly susceptible to collusion.

The filing further argues that the district court improperly disregarded well‑recognized plus factors—including market concentration, barriers to entry, inelastic demand, motive to conspire, and direct competitor communications—and evaluated the evidence in isolation rather than as a whole.

See Brief here.