United States v. Tucor International, Inc.

Section 7(a)(4) of the Shipping Act of 1984 states: “The antitrust laws do not apply to ... any agreement or activity concerning the foreign inland segment of through transportation provided in a United States import or export trade.” We hold that this language is clear and unambiguous, and exempts from criminal prosecution those engaged in trucking household goods to and from points entirely within a foreign country as part of “through transportation” to the United States. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Tucor International and Tucor Industries (the “Tucor defendants”) are affiliated corporations that transported by 'truck the household goods of military personnel from United States military bases in the Philippines to other points within the Philippines. Philippine-American Moving & Storage, Luzon Moving & Storage, George Schulze, Sr., and George Schulze, Jr. (the “Luzon defendants”) are Philippine corporations and individuals that also engaged in the trucking of goods between U.S. military installations and other destinations within the Philippines.

When American military personnel stationed in the Philippines were to be redeployed to the United States, our…