Price Fixing of Air Cargo Surcharges

Price Fixing of Air Cargo Surcharges

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Summary of the Proceedings

On July 31, 2009 a Fresh as Amended Statement of Claim was issued against the following Defendants:

  1. Air Canada
  2. Air Canada Cargo Limited Partnership
  3. Société Air France
  4. Koninklijke Luchtvaart Maastschappij N.V. dba KLM
  5. Royal Dutch Airlines
  6. Asiana Airlines Inc.
  7. British Airways PLC
  8. Cathay Pacific Airways Ltd.
  9. Deutsche Lufthansa AG
  10. Lufthansa Cargo AG
  11. Japan Airlines International Co. Ltd.
  12. Scandinavian Airlines System
  13. Korean Air Lines Co. Ltd.
  14. Cargolux Airline International
  15. LAN Airlines S.A.
  16. LAN Cargo S.A.
  17. Atlas Air Worldwide Holdings Inc.
  18. Polar Air Cargo Inc.
  19. Singapore Airlines Ltd.
  20. Singapore Airlines Cargo PTE. Ltd. and Swiss International Airlines Ltd.

on behalf of a proposed class of all persons who purchased airfreight shipping services during the period of January 1, 2000 to September 11, 2006.

The plaintiff alleges that, beginning on or about January 1, 2000, the defendants unlawfully conspired and agreed among themselves and others to fix, maintain and co-ordinate price increases for air cargo surcharges including fuel surcharges.

The plaintiffs seek general damages for violations of the Competition Act and the common law, aggravated, exemplary and punitive damages.

The plaintiff continues to prosecute the action against the other defendants.

Harrison Pensa LLP is working in concert with Siskinds LLP and Sutts, Strosberg LLP in the prosecution of this matter.

Status of the Proceedings

This matter has been filed in London, Ontario. Certification materials have been filed and a case management judge has been assigned.

The plaintiff has agreed to a settlement of the class action against two defendants Lufthansa AG and Lufthansa Cargo AG (“Lufthansa”) subject to court approval. An earlier settlement was reached with Lufthansa by plaintiffs in class actions pursued in the United States.

If you purchased air cargo shipping services within, to or from either the United States or Canada between January 1, 2000 and September 11, 2006, your rights could be affected by one or both of the settlements. This includes air cargo shipping services purchased through freight forwarders.
Detailed information about the settlements can be found at www.aircargosettlement.com or by contacting the claims administrator at 800.749.3518.

Court Documents

Class Members

If you have questions related to this action, please contact Jonathan Foreman.