UPS
Fulfillment Services v. UPS
Opinion
Opinion
BACKGROUND
United Parcel Service (“UPS”) describes itself as “the world’s largest package delivery company.” As a motor car- rier transporting goods interstate, UPS is subject to the juris- diction of the Secretary of Transportation and the Board and is governed by certain substantive provisions of the MCA. See 49 U.S.C. § 13501. Fulfillment Services, Inc., a freight ship- 6494 FULFILLMENT SERVICES INC. v. UPS ping company, alleges that UPS violated one of these provi- sions, namely 49 U.S.C. § 13703.
Section 13703 provides that a motor carrier “may enter into an agreement with one or more [other] carriers to establish . . . joint rates,” and that such agreements “may be made and car- ried out . . . and the antitrust laws . . . do not apply to parties or other persons with respect to making or carrying out the agreement.” 49 U.S.C. § 13703(a)(1), (6). Subsection (f) requires that “[a] motor carrier . . . whose . . . rates [or] classi- fications . . . are determined or governed by publications established under agreements approved under this section must participate in the determining or governing publication for such provisions to apply.” 49 U.S.C. § 13703(f)…