German railway Deutsche Bahn has dismissed a claim for damages against three airlines in its billion dollar lawsuit relating to an air cargo cartel between 1999 and 2006.
In a statement, Deutsche Bahn confirmed that its logistics subsidiary, Schenker AG, “has dismissed its claims against Nippon Cargo, SAS and Cargolux in the air cargo cartel lawsuit brought in the Eastern District of New York. “
DB added: “Schenker will continue to pursue its claims against other air carriers and seek damages relating to the air carriers’ anti-competitive conduct alleged in the US cartel lawsuit, based on the legal principle of joint and several liability. Schenker plans to pursue its rights vigorously.”
Later US financial press reports suggested that the forwarding arm had reached a settlement with the trio of airlines, although this could not be confrimed.
Air cargo carriers that had been found guilty by the US Department of Justice, the European Commission and other international authorities of operating a global price-fixing cartel, face damages of approximately $3.7bn in the US lawsuit and in lawsuits brought by Deutsche Bahn and other companies in Germany.
In the US, Schenker is seeking damages estimated at approximately $370m, and that number could increase to an estimated $1.1bn if the court awards treble damages in the case.
