Important Update: On May 1, 2012, the Notice of Motion for Distribution of Funds by All Plaintiffs was approved by the Court. A copy of this Motion and the Court’s Order is available by clicking here. Distribution of checks and awards occurred June 1, 2012.
Approved U.S. Settlements
In re Air Cargo Shipping Services Antitrust Litigation, Master File 06-MD-1775 (JG) (VVP)
On July 22, 2011, the Court entered its Final Judgments, and subsequently, on August 5, 2011, the Court entered its Amended Final Judgments regarding the below-listed settlements. You may review the Amended Final Judgments in the Court Documents section of this website or you may click on the links below.
- Under the Cargolux Settlement, Cargolux Airlines International, S.A. (“Cargolux”) has paid $35.1 million, in installments, of which $25.1 million has already been paid.
- Under the ANA Settlement, All Nippon Airways Co., Ltd. (“ANA”) has paid $10.4 million.
- Under the Thai Airways Settlement, Thai Airways International Public Company Limited (“Thai Airways”) has paid $3.5 million.
On August 4, 2011, the Court entered its Final Judgment regarding the below-listed Settlement. You may review the Final Judgment in the Court Documents section of this website or you may click on the link below.
- Under the Qantas Settlement, Qantas Airways Limited (“Qantas”) has paid $26.5 million.
On March 14, 2011, the Court entered its Orders Approving the Settlement Agreement and Final Judgment regarding the below-listed Settlements. You may review the orders in the Court Documents section of this website or you may click on the links below.
- Under the Air France-KLM Settlement, Société Air France, Koninklijke Luchtvaart Maatschappij N.V., and Martinair Holland N.V., have paid $87 million.
- Under the Japan Airlines Settlement, Japan Airlines International Co., Ltd. has paid $12 million.
- Under the American Airlines Settlement, American Airlines, Inc. and AMR Corporation have paid $5 million.
- Under the SAS Settlement, Scandinavian Airlines System and SAS Cargo Group A/S have paid $13.93 million.
You may be affected by these Settlements if you purchased Airfreight Shipping Services directly from one or more Defendants or Settling Defendants listed in the Notice for shipments to, from, or within the United States from January 1, 2000 to September 11, 2006.
Canadian Settlements
- Deutsche Lufthansa AG, Lufthansa Cargo AG and Swiss International Air Lines, Ltd. (collectively “Lufthansa”) has paid USD $5,338,000.
- Japan Airlines International Co., Ltd. ("JAL") has paid CDN $738,000.
- Scandinavian Airlines System (“SAS”) has paid CDN $300,000.
- Qantas Airways Limited (“Qantas”) has paid CDN $237,000.
- Cargolux Airline International (“Cargolux”) has paid CDN $1,800,000.
- Singapore Airlines Ltd. and Singapore Airlines Cargo PTE Ltd. (collectively “SQ”) has made a contribution of CDN $800,000 towards a settlement fund and a contribution of CDN $250,000 in respect of notice and administration expenses, representing a total payment of CDN $1,050,000.
- Société Air France, Koninklijke Luchtvaart Maatschappij N.V. dba KLM Royal Dutch Airlines and Martinair Holland N.V. (collectively “AF/KLM”) has paid CDN $6,500,000.
- LAN Airlines S.A. and LAN Cargo S.A. (collectively “LAN”) has agreed to pay CDN $700,000.
The Lufthansa, JAL, SAS, Qantas, Cargolux and SQ settlement agreements have been approved by the Ontario, British Columbia and Quebec Courts.
The AF/KLM and LAN settlement agreements (collectively the “Proposed Settlements”) are subject to the approval of the Ontario, British Columbia and Quebec Courts. The Proposed Settlements will not become effective until they are approved by the Courts.
Motions to certify the actions as class actions as against the settling Defendants and to approve the Proposed Settlements will be heard on the following dates:
- by the Ontario Court in the City of London on July 16, 2012 at 10:00 a.m.;
- by the British Columbia Court in the City of Vancouver on July 24, 2012 at 10:00 a.m.; and
- by the Quebec Court in the City of Montreal on August 13, 2012 at 9:30 a.m.
At these hearings, the Ontario, British Columbia and Quebec courts will determine whether the Proposed Settlements are fair, reasonable, and in the best interests of settlement class members.
The Proposed Settlements represent resolutions of disputed claims against each of the settling Defendants. The settling Defendants do not admit any wrongdoing or liability.
