NMFTA and the NCC Appeal Surface Transportation Board's Decision Terminating the NCC's Antitrust Immunity
ALEXANDRIA, VA – National Motor Freight Traffic Association (NMFTA) will challenge the Surface Transportation Board's (STB) decision in Ex Parte No. 656 Motor Carrier Bureaus — Periodic Review Proceeding, that if allowed to stand, would eliminate the antitrust immunity protecting the National Classification Committee's (NCC) classification-making activities effective Jan. 1, 2008.
ALEXANDRIA, VA – National Motor Freight Traffic Association (NMFTA) will challenge the Surface Transportation Board’s (STB) decision in Ex Parte No. 656 Motor Carrier Bureaus — Periodic Review Proceeding, that if allowed to stand, would eliminate the antitrust immunity protecting the National Classification Committee’s (NCC) classification-making activities effective Jan. 1, 2008. The NMFTA and NCC filed their appeal with the US Court of Appeals for the DC Circuit on Jul. 2, 2007.
Since 1996, the Surface Transportation Board (STB), as the successor to the Interstate Commerce Commission, has been the administrative agency responsible for oversight of the NCC’s collective classification making activities.
“We believe this decision is flawed and clearly contrary to the intent of Congress and it has a very good chance of being overturned,” stated Bill Pugh, secretary of the NCC and executive director of the NMFTA. “We are appealing the STB’s attempt to remove the NCC’s antitrust immunity because this immunity enables the NCC the flexibility to provide many services that are in the interests of its members and the transportation community. If the NCC’s antitrust immunity is terminated, we will, of course, make the modifications in our procedures as necessary to operate without immunity. In any event, the Classification making process will continue because over many years the NMFC has proven to work well for carriers, shippers and all concerned.”
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