Air Cargo Class Action
Latest news
On 1 March 2012, the docket Judge made orders setting a
timetable for determination of disputes between the Air Cargo class
action parties regarding:
a) Compliance by respondents with orders for discovery;
b) Categories of transactional data to be discovered by
respondents; and
c) Discovery by applicants.
The next hearing of the matter is listed for 4 May 2012.
The action
Maurice Blackburn is conducting a price fixing class action
against seven major international airlines including Qantas,
Lufthansa Cargo, Singapore Airlines, Cathay Pacific, Air New
Zealand, JAL and British Airways in relation to the provision of
international air freight services since 1 January 2000. The class
action seeks damages and other relief on behalf of purchasers of
air freight services for losses suffered as a result of the alleged
cartel conduct by the airlines.
This class action alleges contraventions of the price fixing
provisions of the Trade Practices Act 1974 (Cth) and
relates to fuel and security surcharges imposed by
the airlines on international air freight services.
Regulatory Proceedings and overseas Class Actions
Proceedings by competition regulators including the Australian
Competition & Consumer Commission (ACCC) against various
airlines and executives in respect of the alleged global air cargo
cartel continue to yield significant results.
The total fines by the ACCC to date against airlines for
price-fixing of international air freight amount to AU$52m, and are
the highest to be ordered in respect of a single ACCC
investigation.
A total of 22 airlines and 21 executives have been charged in
the US Department of Justice's ongoing investigation into price
fixing in the air transportation industry. To date, more than
US$1.8 billion in criminal fines have been imposed and six
executives have been sentenced to serve prison time.
On 9 November 2010, the European Commission fined 11 air cargo
carriers a total of €799,445,000 for operating a worldwide cartel
which affected cargo services within the European Economic
Area.
Further settlements have been reached in the US air cargo class
action, the most significant being the settlements reached with BA,
US$89.5M, and Lan Airlines (including LAN Cargo and Aerolinhas
Brasileiras SA), US$66M. Since our last update there were
also settlements reached with Malaysia Airlines, South African
Airways, Saudi Arabian Airways, Emirates and El Al Israel
Airlines. These settlements relate to purchases of Airfreight
Shipping Services to or from the United States made directly from
the defendant airlines. Settlements were also reached and approved
by courts in the Canadian air cargo class action proceedings.
Click on the additional information item on the left for
more detail about the continuing investigations by the ACCC and
other competition regulators around the world and other class
actions in respect of the alleged air cargo cartel.
Who are the group members in this Maurice Blackburn class
action?
Group members are all those persons resident in Australia as at
11 January 2007 who during the period 1 January 2000 to
11 January 2007 paid identified amounts totalling more than
twenty thousand Australian dollars (AUD$20,000) for the carriage of
goods to or from Australia including in each instance a component
by air.
What you can do
If you fit the above description, you may register your interest with us. We will
contact you upon receiving your completed registration of interest
form to invite you to retain us as your lawyers with respect to
your individual claim. The registration of your interest with
us does not obligate you to pay any legal costs.
Maurice Blackburn is conducting the case on a 'no win no charge'
basis with funding from IMF (Australia) Ltd. There is no cost to
class action participants unless they successfully recover
money.
If you are unsure whether you are a group member in the class
action or if you have any questions about the class action, please
contact Erdem Ozyurek at Maurice Blackburn on
(03) 9605 2892.