Supreme Court Declines to Hear CSX Antitrust Case Against Norfolk Southern

The U.S. Supreme Court on Monday declined to hear an antitrust case brought by freight rail company CSX against its rival Norfolk Southern, effectively bringing an end to a legal battle centered on access to a major East Coast shipping hub.

According to Reuters, CSX had petitioned the high court to review a lower court ruling that dismissed its claims on the grounds that the company had filed its lawsuit too late. The justices’ refusal to take up the appeal means the decision by the 4th U.S. Circuit Court of Appeals will stand.

At the heart of the dispute is Norfolk International Terminals in Virginia, a critical infrastructure point where international cargo is transferred from ships to trains and trucks for inland distribution. CSX, based in Jacksonville, Florida, alleged in its 2018 lawsuit that Norfolk Southern, in coordination with the Norfolk & Portsmouth Belt Line Railroad, imposed an unreasonably high fee to access the terminal, costing CSX substantial business opportunities.

Per Reuters, the Norfolk & Portsmouth Belt Line Railroad, which is majority-owned by Norfolk Southern, manages track access and switching services at the terminal. CSX does not own tracks there and must pay a usage fee—set at $210 per railcar since 2009. The company claimed this fee is excessive and designed to give Norfolk Southern an unfair competitive advantage.

Related: Supreme Court Asked to Weigh In on Major Rail Access Antitrust Case

CSX argued that Norfolk Southern’s ongoing enforcement of the fee constituted a continuing violation of antitrust laws and therefore should not have been subject to the four-year statute of limitations. However, the 4th Circuit ruled in 2024 that no new injury had occurred within the legal timeframe to justify the lawsuit’s timing.

Norfolk Southern, in its filing to the Supreme Court, countered that CSX had ample opportunity to challenge the fee earlier but failed to act. The company asserted, per Reuters, that merely maintaining a previously set rate did not reset the legal clock.

In a statement released Monday, CSX expressed disappointment with the Supreme Court’s decision but reaffirmed its commitment to seeking competitive access through regulatory channels. The company has been pursuing related efforts before federal agencies in hopes of leveling the playing field at the Norfolk terminal.

Source: Reuters