Is the fix in? After paying out more than $250 million in fuel surcharges to the 'Big 5' railroads over the past four years, Archer Daniels Midland now claims that those railroads conspired to fix those surcharges at an artificially high level.
The Decatur, Ill.-based "Supermarket to the World", which ships millions of tons of biofuel feedstocks such as corn and soybeans every year, is seeking $750 million in damages in a lawsuit filed in Minneapolis this week.
The suit accuses the five railroads of setting fuel surcharges through the Association of American Railroads (AAR), which as part of its role in being the railroads' main trade group, publishes the indices used by railroads to calculate rates.
The lawsuit points out that AAR's Board includes the CEOs from the five railroads, which sure enough, might seed cynicism.
Then again, the former English majors who like to point out when things are ironic will note that in 1996, ADM itself agreed to plead guilty and pay a $100 million criminal fine to the Department of Justice for fixing prices in the worldwide markets for lysine and citric acid. At the time, it was the largest criminal anti-trust fine ever imposed.





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