In a significant development within the Netherlands, a longstanding legal battle involving claims against an alleged airfreight cartel has seen major progress. Former members of the cartel, including Air Canada, British Airways, Cathay Pacific, and Singapore Airlines, have reached a settlement with Equilib, a claims agency representing hundreds of European shippers impacted by inflated fuel and security surcharges. This settlement led to the withdrawal of claims in an Amsterdam court against these airlines, as reported by Nieuwsblad Transport. The shippers affected by the cartel’s actions include notable corporations such as Philips, Siemens, HP, and Unilever.
Negotiations for a similar settlement are underway with a fifth airline involved in the cartel, as disclosed by Equilib’s legal representative, Martijn van Maanen of the Hague-based law firm BarentsKrans.
Additionally, the Cartel Compensation Foundation, advocating for the rights of numerous shippers, has secured similar agreements. Theodoor Verheij, the foundation’s legal representative from the Rotterdam law firm Brande & Verheij, noted that airlines have acknowledged their role in the complex claims case, which was exacerbated by the cartel members’ actions.
However, the legal battle is far from over, as claims against other alleged cartel members such as Air France-KLM, Lufthansa Group, JAL – Japan Airlines, LATAM Airlines, Cargolux, SAS Scandinavian Airlines, and Qantas are still pending in the Netherlands.
The case against the airfreight cartel, initiated in the Netherlands in 2010 by Equilib, targets ten carriers and aviation groups accused of colluding to impose unjustly high fuel and security surcharges from December 1999 to February 2006. This collusion resulted in artificially inflated charges for shippers, prompting legal action for compensation.
The European Commission previously fined eleven airlines a total of EUR790 million (USD860 million) in 2010 for their participation in the price-fixing cartel. While Lufthansa and Swiss were granted immunity for their cooperation, other airlines saw reduced penalties after assisting with the investigation. Although many contested the Commission’s decision, the fines were reinstated in 2017 after addressing procedural issues highlighted by the European Union’s General Court.
This recent settlement with four of the involved airlines marks a pivotal moment in the ongoing legal proceedings, raising hopes for a resolution that holds all remaining cartel members accountable and compensates the affected shippers.
