English Arabic Armenian Azerbaijani Chinese (Simplified) Chinese (Traditional) Czech Danish Dutch Estonian Filipino Finnish French Galician Georgian German Greek Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malay Maltese Norwegian Persian Polish Portuguese Russian Slovak Slovenian Spanish Swedish Thai Turkish Ukrainian Vietnamese

DB Schenker sues for $billions, sued for $millions

COLOGNE: Deutsche Bahn says its logistics subsidiary DB Schenker AG is claiming damages and accumulated interest that could top US$3.0 billion from airlines it says operated a "global price-fixing cartel" between 1999 and 2006.

According to Christopher Rother, head of Regulatory, Competition and Anti-Trust for the state-owned railway and logistics group, the company wants US$350 from a U.S. ruling – which he said could rise to US$1.1 billion with triple damages – and a further US$2.25 billion from a German court.

DB Schenker lawsuit USANoting that the defendants are "jointly and severally" liable, Rother hopes the pressure of a single airline being hit for the whole amount might encourage an out-of-court settlement.

DB Schenker says it is suing Air France, KLM, Martinair, Cargolux, Qantas, SAS and All Nippon Airways in New York; and Lufthansa, British Airways, Singapore Airlines, Swiss International Airlines, Cargolux, SAS, Air Canada, Cathay Pacific, Japan Airlines and LAN Airlines in Cologne.

Citing the European Commission decision in November 2010 to fine most of the same airlines €799.445 million for operating a cartel that affected air cargo within the European Economic Area, Rother said German courts are obliged to abide by the same ruling: "We're not talking about whether the airlines are guilty; that has already established throughout the world," he declared.

DB Schenker has included Lufthansa and Swiss in its German lawsuit despite Lufthansa's "whistleblower" immunity from the original European Commission prosecution.

Lufthansa Cargo says an expert opDB Schenker Germany lawsuitinion subsequently hired by the two airlines concluded the cartel did not inflict any actual damage on customers: "Even if there were damages (i.e. allegedly higher cartel prices), the court will have to examine whether the plaintiffs did not pass them on to their own customers (in the case of the freight forwarders) or whether they were indeed passed on to them (in the case of the final customers)."

Rother said the new court filing is because Deutsche Bahn "is left with little choice" after years of trying to settle with the airlines. "It is particularly important to the German taxpayer," he added. "All our suppliers should know that when they try to defraud us, we make sure they don't get away with it."

DB Schenker sued

Deutsche Bahn says it filed its U.S. complaint in the Eastern District of New York – the same place where DB Schenker is a defendant in a class action cargo cartel case brought by shippers against a large group of freight forwarders.

According to court papers, the company "is a defendant as to six (6) alleged conspiracies: Security Surcharge, New Export System Fee (NES), Currency Adjustment Factor (CAF), Peak Season Surcharge (PSS), Air AMS and Ocean AMS. 90 [ninety] percent of the net settlement proceeds from Schenker will be distributed pro-rata to qualified class members who paid any of such surcharges to any defendant named in such conspiracies, whether it is a settling defendant or not".

DB Schenker has now agreed to pay US$8.75 million of a US$178 million forwarder settlement with shippers. Rother declined to say how much the company wanted from the airlines in any similar pre-trial deal.

News

Written on 24/04/2017, 20:30
bank-deal-opens-maritime-green-doorLUXEMBOURG: April 22, 2017. The European Union's non-profit European Investment Bank (EIB) has signed a €150 million loan agreement with Dutch bank ABN...
Written on 21/04/2017, 19:44
air-cargo-volumes-rise-as-yields-remain-a-challengeGENEVA: April 20, 2017. IATA reports a slowing of air cargo volumes to a 1.3 percent rise in the three months to February 2017, compared to 2.3 percent...
Written on 21/04/2017, 18:40
u-n-cuts-cost-of-air-fleet-and-food-distribution-timesNEW YORK, NY: April 21, 2017. The United Nations is to cut its aircraft fleet and limit passenger flights to essential travel only, after revealing the...
Written on 19/04/2017, 20:20
benefits-to-outweigh-gothenburg-dredging-billGOTHENBURG, Sweden: April 18, 2017. A report by the Swedish Transport Administration (STA) says the SEK4.0 billion cost of deepening the approach to the...
Written on 18/04/2017, 19:37
siemens-to-set-up-logistics-head-office-at-expo-2020-dubaiMUNICH: April 18, 2017. Siemens is to base its logistics business for airports, cargo infrastructure and ports in Dubai and will move its headquarters to...
Written on 18/04/2017, 14:18
abu-dhabi-ports-provides-free-humanitarian-warehouseABU DHABI: April 18, 2017. Abu Dhabi Ports is providing the Emirates Red Crescent Authority (ERC) with a 550 square meter warehouse in Zayed Port as part...
Written on 13/04/2017, 19:11
emirates-sky-cargo-lifts-america-s-cup-challengerDUBAI: April 13, 2017. Bookmakers are giving America's Cup challenger Emirates Team New Zealand 3:1 odds to win the sailing competition when racing ends...
Written on 13/04/2017, 16:05
blockchain-used-in-pharma-supply-chainBEIJING: April 11, 2017. IBM and China-based supply chain manager Sichuan Hejia have launched the 'Yijian Blockchain Technology Application System', a...
Written on 12/04/2017, 18:10
k-n-and-alibaba-to-leverage-btb-ecommerceSHANGHAI: April 12, 2017. Kuehne + Nagel and Alibaba.com, the B2B business arm of the Alibaba Group, are combining their respective capabilities to offer...
Written on 12/04/2017, 16:58
dedicated-freighter-for-swiss-pharma-exportsMADRID: April 12, 2017. IAG Cargo has officially launched a weekly freighter service between Basel and Madrid to feed its Latin America network with Swiss...
Written on 11/04/2017, 20:15
miami-boosts-airfreight-traffic-eight-percent-by-valueMIAMI: April 11, 2017. The U.S. Department of Commerce says air cargo traffic through Miami International Airport (MIA) rose eight percent by value last...
Written on 07/04/2017, 22:03
u-s-roads-worse-than-namibiaWASHINGTON, DC: April 07, 2017. Testifying before the U.S. Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and...
Written on 07/04/2017, 20:29
lng-bunkering-arrives-at-jacksonvilleJACKSONVILLE, FL: April 07, 2017. BBC Chartering has delivered two 260-ton cryogenic liquefied natural gas (LNG) storage tanks for Crowley Maritime's new...
Written on 06/04/2017, 23:00
air-cargo-upturn-will-it-lastGENEVA: April 06, 2017. IATA reports a 12 percent rise in freight tonne-kilometers in February compared to the same month last year - almost four times...
Written on 06/04/2017, 21:59
t-pod-designed-to-replace-swedish-trucksSTOCKHOLM: April 6, 2017. Swedish technology designer Einride has created an electric, self-driving “cargo with wheels” vehicle called a ‘T-pod’ that can...
Written on 04/04/2017, 22:06
mexico-president-inaugurates-new-apm-terminalLAZARO CARDENAS, Mexico: April 04, 2017. Mexico's president Enrique Peña Nieto and Denmark's prime minister Lars Lokke Rasmussen have inaugurated APM...
Written on 31/03/2017, 15:10
swiss-approve-commercial-drone-useLUGANO, Switzerland: March 31, 2017. The Swiss Federal Office for Civil Aviation (FOCA) has approved the use of drones by Swiss Post to carry laboratory...
Written on 29/03/2017, 22:13
laptop-ban-not-acceptable-says-iataMONTREAL: March 28, 2017. Less than a week after the imposition of a laptop ban on certain carriers flying to the UK and U.S. from parts of the Middle...
Written on 29/03/2017, 20:29
gcc-ecommerce-market-could-reach-us-20-billionSEATTLE/DUBAI: March 28, 2017. Amazon is to acquire eCommerce company Souq.com, the largest online marketplace in the Arab world with 45 million visits a...
Written on 28/03/2017, 21:10
qatar-backs-britain-as-may-signs-brexitLONDON/BIRMINGHAM: March 28, 2017. A day before Britain confirmed its formal departure from the European Union, the country signed an MoU with Qatar to...

- powered by Quickchilli.com -