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Carriers offer to settle in price fixing suit

Aug. 16, 2011, London, Ont. - Proposed settlements have been reached with several more carriers in air cargo price-fixing suits launched in Quebec, Ontario and British Columbia, legal firm Siskinds LLP said Monday.


August 16, 2011
By The Canadian Press

The notice of proposed certification and settlement in the Canadian proceedings involves claims against Scandinavian Airlines System, Australia's Qantas Airways Ltd., Luxembourg-based Cargolux
Airline International and Singapore Airlines Ltd. and Singapore Airlines Cargo PTE Ltd., collectively SQ.

It applies to those who purchased air freight shipping services from any air cargo carrier, including services through freight forwarders, for shipments within, to or from Canada — except for shipments to or from the United States — between Jan. 1, 2000, and Sept. 11, 2006, and have not already excluded themselves from the class actions, Siskinds said in a release.

Each settlement  requires court approval of the terms of the settlement, including orders certifying the actions as class actions against each of the settling defendants.

In exchange for a full release of the Canadian proceedings against them and their related entities, SAS has agreed to pay $300,000; Qantas $237,000 and Cargolux 1.8 million.

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SQ has agreed to make a contribution of $800,000 towards a settlement fund and a contribution of $250,000 in respect of notice and administration expenses, representing a total payment of $1.05
million.

The settling defendants, who do not admit any wrongdoing or liability, are also required to co-operate with the Canadian plaintiffs in pursuing their claims against the remaining defendants, Siskinds said in a news release.

Motions to certify the actions as class actions against the settling defendants and to approve the settlements will be heard in courts in all three provinces in October.

Settlement in the case involving Canadian proceedings were announced earlier involving  Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines Ltd., collectively Lufthansa,
and Japan Airlines International Co. Ltd..

A number of settlements against carriers in a separate, U.S. proceedings, have also been announced.