Between December 1999 and February 2006, several major airlines, involved in transporting cargo, conspired together to introduce fuel surcharges for shipping, which were claimed to be a result of increasing costs. In fact these fuel surcharges had no relation whatsoever to these increased fuel expenses. In 2006, after extensive investigation, the United States began to file lawsuits against the airlines involved. In 2007, the European Commission began investigations into airline practices, which involved shipping within the European Union as well as to and from the EU.
Following sanctions in the US, Canada and Australia, in November 2010, the European Commission fined 11 air cargo carriers amounting to € 799.445.000 in total for participation in a price fixing cartel which affected airfreight services within the European Economic Area.
The airlines have settled in the United States with the affected parties but have taken no action to compensate injured European parties. Consequently litigation will be necessary for parties in Europe that have suffered losses due to increased costs, whether direct or indirect. These lawsuits are to compensate the billions of euros which were unfairly charged to European shipping companies.
The airlines fined for price fixing are: Air Canada, Air France - KLM, Martinair, British Airways, Cargolux, Cathay Pacific Airways, Japan Airlines, Lan Chile, Qantas, SAS and Singapore Airlines. Lufthansa and Swiss International Airlines were not penalized, as they provided valuable information regarding the air cargo cartel during the investigation, however this immunity does not shield these airlines from civil litigation as consequence of their participation in this cartel.
The decision firmly establishes that the airlines concerned have been involved in an illegal price fixing cartel for a period of six years. The decision by the Commission to impose sanctions is binding proof of the illicit dealings of the airlines involved. Now that evidence of the illegality of the air cargo cartel is conclusive, civil litigation against the airlines is a viable option to recover damages for all companies who have been harmed by this cartel.
It is highly recommendable that companies, who have been damaged by these illicit handlings during December 1999 and February 2006, seek recovery or a refund from the airlines.
What can East-West Debt offer?
Due to the high cost of international litigation, most companies are unable or unwilling to claim their rights. East-West Debt predicts the cost of such litigation to be very substantial, an expense companies are unwilling to endure individually to recover their claim.
East-West Debt wants to purchase your company's claim and bear the expenses involved in the process of the recovery of your claim. This will allow your company to recover your claim without the risk of high litigation expenses. East-West Debt never charges additional costs or expenses, however we will retain a minor percentage of the total amount recovered at highly competitive rate, to cover expenses and provided services.
There is an expected recovery of 10% of the total air freight costs suffered by practices of the airline cargo cartel.
Please contact our office for more information regarding the purchase of your claim at telephone number +32 3231 4503 or send an email to contact us