Multi Billion Dollar US Air Freight Antitrust Prosecution Finally Settled

Air India plane landing

US – WORLDWIDE – And then there was none. Air India, the last defendant remaining among nearly three dozen air cargo carriers prosecuted in 2006 over a global conspiracy to artificially inflate the price of air freight services, has entered into a settlement agreement of $12.5 million, bringing the decade-long antitrust litigation to a conclusion. Just the plaintiffs’ cumulative recoveries alone in the multidistrict antitrust class action against air freight carriers now surpass $1.2 billion.

Earlier this month the last but one of the carriers perceived as guilty, Air New Zealand, settled by agreeing a $35 million payment after many of the world’s largest airlines were named in the civil class action lawsuit, which was scheduled for trial later this year in September in New York Federal Court. The lawsuit began in February 2006, following raids by government investigators worldwide.

Criminal prosecutions by the US government resulted in over $1.8 billion in fines, but no restitution for customers. Instead, compensation for the customers overcharged by the price-fixing conspiracy came from the settlements achieved in this civil litigation. The earliest settlements represented in the range of 2% of sales and the final settlement accounted for more than 10% of sales.

Defendant Settlement Amount ($)
Lufthansa 85,000,000
Air France/KLM/Martinair 87,000,000
American Airlines 5,000,000
Japan Airlines 12,000,000
SAS 13,930,000
All Nippon Airways 10,400,000
Cargolux 35,100,000
Qantas 26,500,000
Thai Airways 3,500,000
British Airways 89,512,000
Lan/ABSA 66,000,000
Malaysia Airlines 3,200,000
South African Airways 3,290,000
Saudia 14,000,000
Emirates 7,833,000
El Al Israel Airlines 15,800,000
Air Canada 7,500,000
Korean Air 115,000,000
Singapore Air 92,492,442
Cathay Pacific 65,000,000
China Airlines 90,000,000
Nippon Cargo Airlines 36,350,000
Asiana Airlines 55,000,000
EVA Airways 99,000,000
Polar Air Cargo/Atlas Air 100,000,000
Air China 50,000,000
Air New Zealand 35,000,000
Air India 12,500,000
Total $1,235,907,442

In Re Air Cargo Shipping Services Antitrust Litigation, 06-MD-1775 (JG) (VVP).

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