December 9, 2011

Labaton Sucharow Announces New Settlement in In re Air Cargo Shipping Services Antitrust Litigation

NEW YORK (December 9, 2011) — Labaton Sucharow LLP announced today that Plaintiffs have reached partial settlements in In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775, that now total over $462 million. Plaintiffs' most recent settlement, the fifteenth in the litigation, is with Emirates who has agreed to pay $7.8 million to resolve the claims against it. The case continues against the remaining Defendants. The action is pending before the Honorable John Gleeson in the U.S. District Court for the Eastern District of New York.  

To date, Plaintiffs obtained the following partial settlements totaling more than $462 million with over a dozen international airlines located on five continents:  

  • Air France/KLM/Martinair - $87,000,000
  • All Nippon Airways - $10,400,000 
  • American Airlines - $5,000,000
  • British Airways - $89,512,000 
  • Cargolux - $35,100,000 
  • Emirates - $7,833,000 
  • Japan Airlines - $12,000,000
  • Lan/ABSA - $66,000,000
  • Lufthansa - $85,000,000 
  • Malaysia - $3,200,000
  • Qantas - $26,500,000
  • SAS - $13,930,000 
  • Saudi - $14,000,000
  • South African - $3,290,000
  • Thai Airways - $3,500,000  

The case is being prosecuted on behalf of a proposed class of direct purchasers of airfreight shipping services. Plaintiffs allege that Defendants engaged in a global conspiracy to unlawfully inflate the prices charged to ship goods by air transportation between January 1, 2000 and September 11, 2006 by, among other practices, colluding on various surcharges and agreeing to eliminate or prevent shipping discounts and commissions in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1.

Almost half of all Defendants named in the lawsuit have pleaded guilty in the Department of Justice's parallel criminal investigation into price fixing in the air transportation industry. These airlines have paid or agreed to pay criminal fines exceeding $1.8 billion