Air Cargo Class Action
IMPORTANT - Group Member Registration
On 27 September 2013 the Court
ordered that any group member who wishes to participate in any
distribution of any amount agreed in settlement of these
proceedings shall, by no later than 4:00pm on 15
November 2013, deliver to Maurice Blackburn a
completed "Group Member Registration
On 18 September 2013 the Federal Court of Australia ordered the
parties in the Air Cargo Class Action to attend mediation on 25 and
26 November 2013.
The registration process is described on the Group Member
If you do not register by that date, you may lose rights to
The Court also ordered that the following documents be published
on this website:
- A notice regarding the registration
- The Eight Amended Statement of
Claim and Sixth Amended
If you have any questions regarding the registration
process, please call Tahli Preston-Dixon on (03) 9605
The matter has been set down for trial. It will commence on 27
October 2014 and is listed to run for 26 weeks.
Following a successful application for leave to do so, the
applicants have recently filed an amended statement of claim that
includes greater detail about the alleged price fixing
The respondents have also been ordered to provide further
discovery regarding both their conduct in relation to the alleged
price fixing arrangements as well as quantification of
Maurice Blackburn is conducting a price fixing class action
against major international airlines including Qantas, Lufthansa
Cargo, Singapore Airlines, Cathay Pacific, Air New Zealand 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 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 nearly $100 million, and are
the highest to be ordered in respect of a single ACCC
investigation. Air New Zealand and Garuda Indonesia have defended
proceedings brought by the ACCC. The trial of those proceedings
concluded on 15 May 2013 and judgement is pending.
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
On 2 August 2012, the US Court approved further settlements
reached in the US air cargo class action. These settlements bring
the total payments so far to US$485 million. Settlements were also
reached and approved by courts in the Canadian air cargo class
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
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, deliver
a completed Group
Member Registration Form to Maurice Blackburn no later
than 4.00pm on 15 November 2013 or
call Tahli Preston-Dixon on (03) 9605 2892.
We will contact you upon receiving your completed
registration form to invite you to retain us as your lawyers with
respect to your individual claim.
Maurice Blackburn is conducting the case on a 'no win no charge'
basis with funding from Bentham IMF
Limited. 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 Tahli Preston-Dixon at Maurice Blackburn on (03) 9605