Supreme Court turns down CSX antitrust suit against Norfolk Southern

The U.S. Supreme Court has turned down CSX Transportation’s effort to revive an antitrust lawsuit against Norfolk Southern over access at the Port of Norfolk, Virginia.

Reuters reports that the court on Monday announced it would decline to hear the case, dismissed last August by a lower court. The 4th U.S. Circuit Court of Appeals in Virginia ruled CSX had failed to act against NS (NYSE: NSC) within the four-year window for filing antitrust claims.

In a suit filed in 2018, CSX (NASDAQ: CSX) claimed that NS and shortline Norfolk & Portsmouth Belt Line Railroad set an excessive switch rate of $210 per car for on-dock access to the Norfolk International Terminals.

CSX, in a statement to Reuters, expressed disappointment at the court decision, while NS said the move ends what it called a “lengthy, frivolous, and meritless action.”

CSX noted it continues to pursue regulatory efforts to gain what it called competitive access to the Norfolk terminal. The Surface Transportation Board agreed in March that NS control of the Norfolk & Portsmouth Belt Line constituted a “significant transaction” requiring more thorough review, reflecting a CSX request that the board consider competitive issues of the transaction.

The CSX antitrust suit had led to discovery that regulators had never approved NS control of the NPBL, which Norfolk Southern has controlled since 1982 by virtue of its 57% ownership. CSX owns the other 43%. NS sought to obtain that approval as a minor transaction, but CSX challenged that request.

Norfolk Southern filed its proposed schedule for the STB to address the case earlier this month.

Related:

CSX asks Supreme Court to renew antitrust lawsuit against Norfolk Southern

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