Nine years ago, competition authorities in the United States, European Union, Australia, Canada and South Korea raided the offices of airlines to collect evidence of antitrust violations. More than two dozen airlines were subsequently charged in various countries with conspiracy to fix prices on fuel and security surcharges for air cargo shipments between late 1999 and 2006. A number of airlines have pleaded guilty and paid more than $1.8 billion in criminal fines in the United States alone.
Victims, typically freight forwarders, have also sued the airlines to recover losses from the illegal activity, alleging the cartel increased global shipping prices.
A number of air cargo carriers operating in the United States have entered into settlement agreements with class action plaintiffs and individual claimants in order to avoid protracted lawsuits. Last October, for example, Asiana Airlines agreed to pay $55 million to direct purchasers of air cargo shipping services to bow out of the class-action litigation. In February 2014, Hong Kong airline Cathay Pacific agreed to pay shippers $65 million to settle a complaint over alleged price-fixing. Cathay Pacific also paid $60 million in fines to the U.S. government. In December, Korean Air Lines and Singapore Airlines agreed to settlements totaling almost $207.5 million. In all, 27 defendants have settled for more than $1 billion.
The remaining defendants are Air China, Air India, Air New Zealand, Polar Air Cargo, and its New York-based parent Atlas Worldwide Holdings.
Class certification will allow thousands of claims to be considered at once. Four law firms, including Hausfeld, were appointed as class counsel. The case is scheduled to go to oral arguments in late August.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now