Acutron, Inc v. Matson Navitgation Co Inc

MEMORANDUM

Appellants Acutron, Inc.; 50th State Distributors, Inc.; Next Transportation, LLC; Winkler Woods, LLC; SJ Venture Group, LLC; TJ Gomes Trucking Company, Inc.; Aloha Agricultural Consultants, Inc.; Bluewater Marine & Dock Specialties, Inc.; Honolulu Hardwoods, Inc.; and Jeanne Thomas (collectively “Shippers”) appeal the dismissal of their antitrust claims against Matson Navigation Co. (“Matson”) and Horizon Lines, LLC, Horizon Lines, Inc., and Horizon Lines Holding Corp. (“Horizon”; collectively “Carriers”) pursuant to Rule 12(b)(6). Shippers argue that the district court wrongly determined that the filed rate doctrine bars their antitrust claims for treble damages.

Shippers ship goods from the contiguous United States to Hawaii and Guam and between Hawaii and Guam. Matson and Horizon are carriers with a virtual duopoly on domestic ocean trade involving Hawaii and Guam. Shippers allege that Matson and Horizon conspired to fix rates, implement collusive fuel surcharges, and engage in other anti-competitive conduct. In May 2008, Shippers filed separate suits in several districts, asserting antitrust claims under the Sherman Act ( 15 U.S.C. §§ 1 , 3) and the Clayton Act (…