Unfair Competition-Motor Carrier Act – Private Remedy for Operation in Excess of Certificate of Necessity and Convenience

In response to plaintiff trucking company’s complaint under section 15 of the Clayton Act alleging violation of sections I and 2 of the Sherman Act, defendant railroads entered a counterclaim for damages resulting from interference with the railroad’s franchise rights by the plaintiff’s operations in excess of its Interstate Commerce Commission certificate of convenience and necessity. On plaintiff’s motion for judgment on the pleadings to dismiss the counterclaim for failure to state a claim upon which relief could be granted, held, motion granted. Congress did not contemplate that the common law action of a franchise holder would lie when a motor carrier exceeded its authority and such an action would be inconsistent with uniform regulation by the ICC under the Motor Carrier Act. Riss & Company v. Association of American Railroads, (D.C. D.C. 1959) 178 F. Supp. 438. 138