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Please Note: This website does not address the U.S. settlements in this litigation involving Cargolux Airlines International, S.A. (“Cargolux”); All Nippon Airways Co., Ltd. (“ANA”); Thai Airways International Public Company Limited (“Thai Airways”); Qantas Airways Limited (“Qantas”); Société Air France, Koninklijke Luchtvaart Maatschappij N.V., and Martinair Holland N.V., (“AF/KLM”); Japan Airlines International Co., Ltd. (“JAL”); American Airlines, Inc. and AMR Corporation; Scandinavian Airlines System and SAS Cargo Group A/S (“SAS”). If you are seeking information regarding those settlements, please visit www.AirCargoSettlement2.com.
This website does not address the Canadian settlements in this litigation involving JAL; SAS; Qantas; Cargolux; Singapore Airlines Ltd. and Singapore Airlines Cargo PTE Ltd. (“SQ”); AF/KLM; and LAN Airlines S.A. and LAN Cargo S.A. (collectively “LAN”). If you are seeking information regarding those settlements, please visit www.AirCargoSettlement2.com.
This website does not address the proposed U.S. settlements in this litigation involving Lan/ABSA; British Airways Plc; Malaysia Airlines; South African Airways Ltd.; Saudi Arabian Airlines, Ltd.; Emirates; El Al Israel Airlines Ltd.; Air Canada and AC Cargo LP (“Air Canada”); and Salvatore Sanfilippo. If you are seeking information regarding those proposed settlements, please visit www.AirCargoSettlement3.com.
Overview
If you purchased air cargo shipping services within, to or from either the United States or Canada from January 1, 2000 to September 11, 2006, your rights could be affected by one or more proposed class action settlements. You are a Class Member if you purchased air cargo shipping services, from ANY air cargo carrier, for shipments within, to, or from either the United States or Canada. This includes services purchased through freight forwarders. There are separate settlements in the United States and Canada. You may be a Class Member in both settlements.
The settlements would partially resolve lawsuits in the United States and Canada. In the lawsuits, Plaintiffs allege that Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines Ltd. ("Lufthansa"), along with numerous other air cargo carriers, conspired to fix the prices of airfreight cargo shipping services in violation of U.S. antitrust law and Canadian competition law. As a result of this alleged conduct, Plaintiffs allege that they and other members of the Class paid more for airfreight cargo shipping services than they would have paid in the absence of this alleged conduct. By entering into the settlements, Lufthansa does not admit that it engaged in the unlawful conduct alleged and would assert a number of defenses to the Plaintiffs' claims if the litigation were to proceed further. However, Lufthansa has agreed to enter into the settlements in order to avoid the expense, burdens, and risks of further litigation, and to put to rest this controversy with its valued business customers.
To resolve the claims against it concerning airfreight cargo shipping services within, to, or from the United States, Lufthansa has agreed to pay $85 million for valid Class Member claims and to cooperate in the prosecution of claims against the remaining Defendants who are not part of the U.S. settlement. To resolve the claims against Lufthansa concerning airfreight cargo shipping services within, to, or from Canada, Lufthansa has agreed to pay $5,338,000 USD into a Canadian Fund that Canadian Class Counsel will request to be held in trust for the future benefit of the Canadian Classes.
THIS INFORMATION IS ONLY A SUMMARY. For more details, including who is and is not a Class Member, the distribution of the Settlement Fund and how to file a claim in the U.S. Settlement, Class Member options and deadlines to act, the locations of Final Approval Hearings, and other important information, please review the Notice.
DO NOT CONTACT THE COURTS
IMPORTANT UPDATE: The Court has granted Final Approval of the U.S. Settlement.
The deadline to exclude yourself from or comment or object to the U.S. and Canadian Settlements has passed.
The Claim Form deadline has passed.
| Date | Case-Related Event |
|---|---|
| November 12, 2008 | Deadline for Exclusion (Postmark Deadline) in the U.S. and Canadian Settlements |
| November 12, 2008 | Deadline to File Objection in the U.S. and Canadian Settlements |
| December 12, 2008 at 11:30 a.m. |
Final Approval Hearing at the United States District Court, Eastern District of New York |
| January 28, 2009 at 10:00 a.m. |
Final Approval Hearing at the Ontario Superior Court of Justice |
| February 12, 2009 | Claim Form Postmark Deadline |
| February 27, 2009 at 10:00 a.m. |
Final Approval Hearing at the Supreme Court of British Columbia |
| March 9-10, 2009 at 9:00 a.m. |
Final Approval Hearing at the Québec Superior Court |
