Higher MH Chassis Prices Sample Clauses

Higher MH Chassis Prices. There is no genuine dispute that the Respondents’ conduct restricts motor carriersability to obtain MH chassis from the IEP of their choice. Indeed, in some instances, “the selected IEP [has] an exclusive right to provide chassis[.]” I.D. 37; see also JSF ¶¶ 195, 197; CSUMF ¶ 48 (citing IEP Declarations). This reduces or eliminates any bargaining power for MH chassis by motor carriers and BCOs. CSUMF ¶ 522 (citing Xxxxxx Report, CX1524 at *539); see also I.D. 46 (restrictions on choice further “limit[] the motor carriers’ ability to negotiate volume discounts for itself”); I.D. 54 (“[T]he motor carrier is a captive audience which must pay the rate determined by the IEP selected by the ocean carrier.”). Thus, the contracts and the CCM rules that limit choice give IEPs an enhanced ability to raise rates for MH chassis. CSUMF ¶¶ 522-23, 525, 536-38. IEPs recognize this dynamic and enter contracts with large motor carriers in areas where choice is available. CSUMF ¶¶ 526-45, 541-44. One motor carrier negotiated rate discount agreements that targeted the ocean carriers allowing choice in Memphis (MCCP) and Savannah (SACP). CSUMF ¶¶ 543-44. And its chassis usage costs for ocean carriers that did not allow choice were priced $ higher per chassis per day than carriers that allowed choice for the very same IEP. CSUMF ¶ 544. Supply chain stakeholders have also complained about these higher MH chassis prices. CSUMF ¶ 540.
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