Fleetowner 1964 Pitt Ohiosm

LTL alliance clears anti-trust hurdle

Sept. 10, 2009
A long-awaited decision by the Dept. of Justice (DOJ) clears the way for an alliance of seven regional LTL carriers to collaborate more closely in terms of developing joint services and pricing – while also potentially opening the door to more such alliances in the future

A long-awaited decision by the Dept. of Justice (DOJ) clears the way for an alliance of seven regional LTL carriers to collaborate more closely in terms of developing joint services and pricing – while also potentially opening the door to more such alliances in the future.

After deliberating for 18 months, the DOJ said it won’t challenge a proposal by the Reliance Network – which includes Averitt Express Inc., DATS Trucking Inc., Lakeville Motor Express Inc., Land Air Express of New England, Pitt Ohio Express, Canadian Freightways, and Epic Express – to engage in collaborative activity as part of their nationwide LTL truck transportation services joint venture, as the proposed conduct in this particular case “is not likely to reduce competition in regional LTL … markets and could enhance competition in the long haul LTL market.”

The agency added that each carrier serves a distinct geographic region in North America with insignificant overlap among their respective operations; already faces significant competition in their home territories and regions in which they operate, yet collectively account for less than 20% of the LTL freight services in these regional markets and far less than 20% of a nationwide LTL freight transportation market.

“What this means is that the DOJ recognizes that our collaborative effort is actually pro-competitive,” Geoff Muessig, Pitt Ohio’s executive vp and chief marketing officer, told Fleet Owner. “This ruling means we can now collaborate and create joint pricing across the country.”

Muessig also noted that such joint ventures between regional LTLs is becoming the “new business model” in the industry, as it gives regional LTLs the flexibility to handle more business without the massive investments necessary to build out terminal networks plus add equipment and personnel.

“The other piece is that shippers are now on board with this joint structure,” he stressed. “Historically, shippers were averse to such joint efforts because they viewed them as just ‘interline’ agreements. Now they see that these joint ventures create a single network – allowing each LTL to generate additional business while giving shippers a single price and the ability to track and trace shipments across our joint network.”

That’s the main reason why the Reliance Network requested a business review from the DOJ’s antitrust division almost two years ago, so the seven regional carriers involved in the alliance could engage in collective rate-making for multi-regional shipments in order to offer the “seamless” nationwide LTL service shippers desired. Muessig added that all the LTL carriers involved have combined their information technology, operations, sales and marketing efforts to operate as a single nationwide entity, while also continuing to operate their distinct regional LTL businesses independently.

Satish Jindel, president of transportation research firm SJ Consulting, told Fleet Owner that the DOJ’s decision in this matter potentially opens the door to the formation of more such national joint ventures.

“This may indeed speed up more joint venture proposals and bring more efficiency to the LTL market,” he explained. “By allowing these carriers to establish national pricing, it provides cost recovery and reasonable margins for them to invest in the network, while allowing them to eliminate cost, redundancies and inefficiencies. It also gives shippers more options on the national level for LTL service.”

Yet the DOJ’s decision may also establish more “discipline” among LTL carriers, as well. “The government pretty clearly states you can establish these collective ventures as long as your home territories do not overlap,” Jindel said. “So if you decide to open up a terminal in another state to directly compete with a fellow regional carrier within the alliance, then you run the risk of the government pulling you out from these partnerships. As long as there is no overlap between the partner companies, these alliances can function.”

About the Author

Sean Kilcarr | Editor in Chief

Sean reports and comments on trends affecting the many different strata of the trucking industry -- light and medium duty fleets up through over-the-road truckload, less-than-truckload, and private fleet operations Also be sure to visit Sean's blog Trucks at Work where he offers analysis on a variety of different topics inside the trucking industry.

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