Section 105IAC5-1-33. Market dominance; rates established

   The commission shall determine within 90 days of the start of a complaint proceeding whether the carrier has market dominance over the transportation to which the rate applies. If the commission finds that the carrier has market dominance, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. In making a determination of market dominance, the commission shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applied if the rail carrier proves that the rate charged results in a revenue-variable cost percentage which is less than that stated in 49 U.S.C. (d)(2).

  Evidentiary guidelines for the determination of whether or not the railroad shall market dominance over the transportation to which the rate applies shall be found in 170 IAC 3-1.1-17 through 3-1.1-20 [sections 17 through 20 of this rule].

  If the commission determines that a rail carrier does not have market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportion shall be reasonable. (Indiana Department of Transportation; 105 IAC 5-1-33; filed May 18, 1983, 2:18 p.m.: 6 IR 1213; filed Feb 27, 1985, 9:24 a.m.: 8 IR 776; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-33) to Indiana Department of Transportation (105 IAC 5-1-33) by P.L.112-1989, SECTION 5, effective July 1, 1989.