Munger, Tolles & Olson Secures Landmark Victory in Rail Freight Antitrust Litigation
Munger, Tolles & Olson achieved a landmark summary judgment victory for BNSF Railway Company in one of the most complex, high stakes and long-running antitrust cases in U.S. history.
The win marks the culmination of nearly two decades of litigation and rejects damages claims potentially running into the billions of dollars, tied to allegations of price-fixing among the nation’s four largest freight railroads. The ruling by the U.S. District Court for the District of Columbia follows years of multidistrict litigation involving hundreds of plaintiffs, sprawling discovery and intricate legal maneuvering.
The origins of the case trace back to 2007, when a group of shipping companies accused four Class I freight railroads—BNSF, Union Pacific Railroad, CSX Transportation Inc. and Norfolk Southern Railway Co.—of conspiring to implement coordinated fuel surcharge programs between 2003 and 2008. MTO assumed leadership of BNSF’s defense in 2020, navigating more than 110 related cases and 380 individual plaintiffs.
Ben Horwich led the joint defense group’s summary judgment briefing and argued on behalf of the joint defense group at the summary judgment hearing. Kuru Olasa argued on behalf of the joint defense group in seeking summary judgment against a subset of plaintiffs that shipped intermodal containers. Glenn Pomerantz guided MTO’s overall defense strategy for BNSF. They were supported by a dedicated team including Wesley Burrell, Anne Conley, Lauren Ross and Gabriel Bronshteyn.
By steering the litigation through its most turbulent phases with precision and strategic foresight, MTO reaffirmed its reputation as a go-to firm for high-stakes antitrust and class action defense. The firm’s work in this case will influence how future courts, litigants and regulatory bodies approach similar disputes in concentrated markets.
MTO and co-counsel were named Litigator of the Week Runners-Up by Am Law Litigation Daily for the summary judgment victory. The litigation garnered significant press coverage, including in Law.com, Law360, Bloomberg Law and others.