In re Air Cargo Shipping Services Antitrust Litigation
www.AirCargoSettlement5.com

Frequently Asked Questions

Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Settlement's Fairness Hearing.

1. Why did I get a notice package?

You  or  your  company  may  have  purchased  Airfreight  Shipping  Services  (paid,  private  air  transport of freight or other cargo by an airline acting as a provider of such service) directly from one or more Defendants for shipments to or from the United States from January 1, 2000 to September 30, 2006.

The notices explain that, as a possible class member, you have a right to know about Proposed Settlements in this class action lawsuit, and about all of your options, before the Court decides whether to approve the Proposed Settlements. The notices explain the lawsuit, the Proposed Settlements, and your legal rights.

The Court in charge of the case is the United States District Court for the Eastern District of New York, and the case is known as In re Air Cargo Shipping Services Antitrust Litigation, Master File 06‐MD‐1775  (BMC)  (VVP).  The  people  who  sued  are  called  the  Plaintiffs,  and  the  companies  they sued are called the Defendants. The Defendants that have agreed to these Proposed Settlements are called the Settling Defendants.

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2. What is this lawsuit about?

The lawsuit claims that the Defendants and certain of their employees conspired to fix, raise, maintain, or stabilize prices of Airfreight Shipping Services by, among other things, coordinating surcharges (such as fuel and security surcharges) and by agreeing to eliminate or prevent discounting of surcharges. The lawsuit claims that, as a result, purchasers paid more for Airfreight Shipping Services than they otherwise would have paid. Defendants have denied these claims and have asserted various defenses to the claims.

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3. Who are the Defendants?

The  Settling  Defendants  in  the  Air  Cargo  5  Settlements  are:  Asiana  Airlines,  Inc.,  EVA  Airways  Corporation, Nippon Cargo Airlines Co., Ltd., Air China Ltd., Air China Cargo Company Ltd., Air India, Air New Zealand Ltd., Polar Air Cargo LLC, Polar Air Cargo Worldwide, Inc., and Atlas Air Worldwide Holdings, Inc. The other Defendants are:

Aerolinhas Brasileiras, S.A.
AC Cargo LP
Air Canada
Air Mauritius Ltd.
Alitalia Linee Aeree Italiane S.p.A.
All Nippon Airways Co., Ltd.
American Airlines, Inc.
AMR Corporation
British Airways PLC
Cargolux Airlines International, S.A.
Cathay Pacific Airways Ltd.
China Airlines, Ltd.
DAS Air Ltd. (DAS Air Cargo)
Deutsche Lufthansa AG
El Al Airlines Ltd.
Emirates
Ethiopian Airlines Corp.
Japan Airlines International Co., Ltd.
Kenya Airways Limited
Koninklijke Luchtvaart Maatschappij N.V.
Korean Air Lines Co., Ltd.
Lan Airlines, S.A.
Lan Cargo, S.A.
Lufthansa Cargo AG
Malaysia Airlines
Martinair Holland N.V.
Qantas Airways Limited
SAS Cargo Group A/S
Saudi Arabian Airlines, Ltd.
Scandinavian Airlines System
Singapore Airlines Limited
Singapore Airlines Cargo Pte, Ltd.
Société Air France
South African Airways
Swiss International Air Lines, Ltd.
Thai Airways International Public Company Ltd.
Viação Aérea Rio‐Grandense, S.A. (Varig)

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4. Has the Court approved other settlements in this case?

Yes. The Court has granted final approval to the following settlements:

  • The Lufthansa Settlement was an $85 million settlement with Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines, Ltd. (“Lufthansa”).

  • The Second Settlements (Air Cargo 2) include:  an  $87  million  settlement  with  Société Air France (“Air France”), Koninklijke Luchtvaart Maatschappij N.V. (“KLM”), and Martinair Holland N.V. (“Martinair”) (collectively “Air France/KLM”); a $12 million settlement with Japan Airlines International Co., Ltd. (“JAL”); a $5 million settlement with American Airlines, Inc. and AMR Corporation (“AA”); a $13.9 million settlement with Scandinavian Airlines System and SAS Cargo Group A/S (“SAS”); a $10.4 million settlement with All Nippon Airways Co., Ltd. (“ANA”); a $35.1 million settlement with Cargolux Airlines International S.A. (“Cargolux”); a $3.5 million settlement with Thai Airways International Public Company Limited (“Thai”); and a $26.5 million settlement with Qantas Airways Limited (“Qantas”).

  • The Third Settlements (Air Cargo 3) include: an $89.512 million settlement with British Airways Plc (“British Airways”); a $66 million settlement with Lan Airlines, S.A., Lan Cargo, S.A., and Aerolinhas Brasileiras, S.A. (“Lan/ABSA”); a $3.2 million settlement with Malaysia Airlines (“Malaysia”); a $3.29 million settlement with South African Airways Ltd. (“South African”); a $14 million settlement with Saudi Arabian Airlines, Ltd.(“Saudia”); a $7.833 million settlement with Emirates; a $15.8 million settlement with El Al Israel Airlines Ltd. (“El Al”); a $7.5 million settlement with Air Canada and AC Cargo LP (“Air Canada”), and a settlement with Air New Zealand employee Salvatore Sanfilippo (“Sanfilippo”).

  • The Fourth Settlements (Air Cargo 4) include: a $92 million settlement with Singapore Airlines Limited and Singapore Airlines Cargo Pte. Ltd. (“Singapore”) (less the portion attributable to class members who settled with Singapore Air before the class settlement was reached); a $65 million settlement with Cathay Pacific Airways Ltd.(“Cathay Pacific”); a $115 million settlement with Korean Air Lines Co., Ltd. (“Korean Air”); and a $90 million settlement with China Airlines, Ltd. (“China Air”).

The Court most recently granted final approval to the following settlements: a $36.35 million settlement with Nippon Cargo Airlines Co., Ltd. (“Nippon Cargo”); a $99 million settlement with EVA  Airways  Corporation  (“EVA”);  and  a  $55  million  settlement  with  Asiana  Airlines,  Inc.  (“Asiana”).

You  may  have  received  notice  of  these  prior  settlements.   If  all  of  the  Proposed  Settlements  receive final approval from the Court, the total gross settlement proceeds recovered in the litigation so far will be approximately $1.236 billion.

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5. Why is this a class action?

In a class action, one or more individuals or companies called Class Representatives (in this case Benchmark Export Services, FTS International Express, Inc., R.I.M. Logistics, Ltd., Olarte Transport Service, Inc., S.A.T. Sea & Air Transport, Inc. and Volvo Logistics AB) sue on behalf of others who have similar claims. All these individuals or companies are a class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. U.S. District Judge Brian M. Cogan is in charge of this class action.

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6. Why are there Proposed Settlements?

The Settling Defendants have denied all liability in this case and have asserted various defenses to the Plaintiffs’ claims. The Court did not decide in favor of the Plaintiffs or the Settling Defendants. Instead, both sides agreed to the Proposed Settlements. That way, they avoid the cost and risk of a trial, and the class members will get compensation. The Class Representatives and Class Counsel think the Proposed Settlements are best for all class members.

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7. How do I know if I am a Class Member?

You are a member of the Litigation Class if you fit the following description: All  persons  or  entities  (but  excluding  Defendants,  their  parents,  predecessors,  successors, subsidiaries, affiliates, as well as government entities) who purchased Airfreight  Shipping  Services  for shipments  to  or  from  the  United  States directly  from any of the Defendants or from any of their parents, predecessors, successors,  subsidiaries,  or  affiliates,  at  any  time  during  the  period  January  1, 2000 up to and including September 30, 2006.

The deadline to exclude yourself from the class passed on January 22, 2016.

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8. I’m still not sure if I am included.

If you are still not sure whether you are a class member, you can ask for free help. You are not required to pay anyone to assist you. Please see the Additional Information page, here.

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9. What do the Settlements provide?

Under  the  proposed  Air  China  Settlement, Air  China  Limited  and  Air  China  Cargo  Company  Limited (“Air China”) has paid $50 million. You may download and view a copy of the Settlement Agreement here.

Under the proposed Air India Settlement, Air India Limited (“Air India”) has agreed to pay $6.25 million on or before June 1, 2016, and an additional $6.25 million on or before August 1, 2016. You may download and view a copy of the Settlement Agreement here.

Under the proposed Air New Zealand Settlement, Air New Zealand Limited (“Air New Zealand”) has paid $35 million. You may download and view a copy of the Settlement Agreement here.

Under the proposed Polar Settlement, Polar Air Cargo LLC, Polar Air Cargo Worldwide, Inc., and Atlas  Air Worldwide Holdings, Inc. (the “Polar Defendants”) have paid $35 million and have agreed to pay an additional $65 million in installments ($35 million on or before January 15, 2017, and an additional $30 million on or before January 15, 2018). You may download and view a copy of the Settlement Agreement here.

The previously approved settlements with Asiana, EVA, and NCA provide:

Under the Asiana Settlement, Asiana has paid $55 million, and has agreed to pay up to $200,000 for costs of notice of the settlement. You may download and view a copy of the Settlement Agreement here.

Under the EVA Settlement, EVA has paid $30 million, and has agreed to pay an additional $30 million on or before January 7, 2016, and an additional $39 million on or before January 6, 2017. You may download and view a copy of the Settlement Agreement here.

Under the Nippon Cargo Settlement, Nippon Cargo has paid $28.7 million and has agreed to pay an additional $7.65 million on or before April 16, 2016. If any class member excludes itself from the Nippon Cargo settlement, the portion of the $36.35 million attributable to the excluded class member will be transferred to a separate escrow account and held for possible payment of those claims. Any amount remaining in that separate account may be returned to the class after a specified period. This process is explained in paragraph 50 of the Nippon Cargo Settlement. You may download and view a copy of the Settlement Agreement here.

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10. How do I get a payment?

If you are a Class Member as described in Question 7 above, and did not exclude yourself from one or more of the Settlements or the Litigation Class, you are eligible to participate in the Air Cargo 5 settlements.

If you previously submitted an approved Claim Form for the Second, Third, or Fourth Settlements, you do not need to submit another Claim Form, but you may complete the Supplemental Claim Form to  include  purchases  of  Airfreight  Shipping  Services  that  occurred  between September 12, 2006 and September 30, 2006.

If  you  did  not  previously  submit an approved claim form for the Second, Third, or Fourth Settlements, you must submit a completed Claim Form so that it is postmarked by September 9, 2016 in order to be eligible for a payment.

If you received a notice by mail, then you have also received a Claim Form or Supplemental Claim Form. If you are reviewing this website, or received a copy by some other means, you  may  request  a  Claim  Form by emailing the Settlement Administrator at administrator@aircargosettlement5.com, or calling toll-free at 1-855-382-6460 in the U.S., U.S. territories, and Canada. Outside the U.S. and Canada, you may call 1-513-795-0998, but toll charges will apply. You may also request a Claim Form by writing to the Settlement Administrator at the address below.

Completed  Claim  Forms and Supplemental Claim Forms must  be  postmarked  by  September  9,  2016  and  returned  to  the  Settlement Administrator at the following address:

Air Cargo Settlement 5
c/o Garden City Group, LLC
P.O. Box 10083
Dublin, OH 43017-6683
USA

You must keep all of your records of your purchases from Defendants and Settling Defendants because  you  will  need  them  to  complete  the  Claim  Form  and  may  later  be  asked  to  provide  them to the Settlement Administrator.

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11. How much will my payment be?

Class Counsel has proposed a Plan of Allocation describing the division of the settlement funds among class members, which has previously been approved by the Court. If the Court approves the Plan of Allocation again, it will apply to the Air China Settlement, the Air India Settlement, the Air New Zealand, the Polar Settlement, as well as to the settlements with Asiana, EVA, and Nippon Cargo, described above.

Under the Plan of Allocation, the settlement funds will first be used to pay attorneys’ fees and expenses approved by the Court. The remaining amount will be distributed to class members that  submit  or  have  submitted  valid  claim  forms  in  proportion  to  their  relevant  purchases  of  Airfreight Shipping Services. Purchase amounts in currencies other than dollars will be converted  by  the  Settlement  Administrator  to  equivalent  dollar  amounts  using  currency  exchange rates applicable on September 11, 2006.

The  Plan  of  Allocation  treats  inbound  and  outbound  purchases  differently.  An  inbound  purchase is a purchase of Airfreight Shipping Services for shipments to the United States. An outbound purchase is a purchase of Airfreight Shipping Services for shipments from or within the  United  States.  For  purposes  of  calculating  a  settlement  class  member’s  share  of  the  settlement funds, inbound purchases will be valued at 1.625 times the dollar amount of such purchases.  No  multiplier  will  apply  to  outbound  purchases.   These  are  the  same  multipliers  previously approved by the Court for each of the settlements approved to date.

Shipments  within  the  United  States  (both  origin  and  destination  in  the  United  States)  will  be  included in the calculations only for the Asiana, Eva, and Nippon Cargo settlements. Shipments that  occurred  between  September  12,  2006  and  September  30,  2006  will  be  included  in  the  calculations only for the Air China, Air India, Air New Zealand, and Polar settlements.

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12. How do I tell the Court that I don’t like the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees and expenses?

You may object to the Proposed Settlements for Air China, Air India, Air New Zealand or Polar Air if you don’t like any part of them and if you did not exclude yourself from the Litigation Class before January 22, 2016.

Unless you excluded yourself from the Litigation Class and the settlements with Asiana, EVA, and Nippon Cargo before January 22, 2016, then you can object to the plan of allocation or the request for attorneys’ fees and expenses. You can give reasons why you think the Court should not approve any or all of them. The Court will consider your views.

To object, you must send a letter to the Court that includes the following:

  1. A statement saying that you object to one or more of the Proposed Settlements, or the Plan of Allocation or request for fees and expenses, in In re Air Cargo Shipping Services Antitrust Litigation.
  2. Your name, address, telephone number, and your signature.
  3. The reason(s) you object.
  4. Proof  of  your  membership  in  the  class,  such  as  invoices  showing  that  you  satisfy  the Litigation Class definition described above or the Settlement Class definition for the Asiana, EVA, and Nippon Cargo settlements (which included shipments within the United States, not just to or from the United States).

You must file the objection with the Court at the following address, received by September 15, 2016:

Clerk of Court
United States District Court
for the Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

You must also mail copies of the objection to the following attorneys, postmarked by September 15, 2016:

Class Counsel:
Michael D. Hausfeld
Hausfeld LLP
1700 K Street NW Suite 650
Washington, DC 20006

Hollis L. Salzman
Robins Kaplan LLP
601 Lexington Avenue Suite 3400
New York, NY 10022
Robert N. Kaplan
Kaplan Fox & Kilsheimer LLP
850 Third Avenue, 14th Floor
New York, NY 10022

Howard J. Sedran
Levin, Fishbein, Sedran & Berman
510 Walnut Street
Philadelphia, PA 19106

Counsel for Air New Zealand Ltd.: Counsel for Polar Air Cargo LLC, Polar Air Cargo Worldwide, Inc., and Atlas Air Worldwide Holdings, Inc.:
Sheron Korpus
Kasowitz, Benson, Torres & Friedman
1633 Broadway
New York, NY 10019

Roscoe C. Howard, Jr.
Barnes & Thornburg LLP
1717 Pennsylvania Ave NW, Suite 500
Washington, DC 20006

Evan Chesler
Cravath, Swaine & Moore LLP
825 Eighth Avenue
New York, NY 10019

Harvey Wolkoff
Ropes & Gray LLP
800 Boylston Street
Boston, MA 02199

Counsel for Air China Ltd. and
Air China Cargo Company Ltd.:
Counsel for Air India Ltd.:
George N. Tompkins III
Wilson Elser Moskowitz Edelman & Dicker
150 East 42nd Street
New York, NY 10017
E. Christopher Murray
Ruskin Moscou Faltischek
East Tower, 15 Floor
1425 RXR Plaza
Uniondale, NY 11556

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13. Do I have a lawyer in this case?

The Court appointed Michael D. Hausfeld of Hausfeld LLP; Robert N. Kaplan of Kaplan Fox & Kilsheimer LLP; Hollis Salzman of Robins Kaplan LLP; and Howard J. Sedran of Levin, Fishbein, Sedran, and Berman to represent the Class. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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14. How will the lawyers be paid?

You  are  not  personally  responsible  for  payment  of  attorneys’  fees  or  expenses  for  Class  Counsel. Instead, as compensation for their time and the risk litigating the case on a contingent basis,  Class  Counsel  will  ask  the  Court  to  approve  a  payment  of  attorneys’  fees  and  reimbursement of reasonably incurred expenses from the settlements with Air China, Air India, Air New Zealand, Asiana, EVA, Nippon Cargo, and the Polar Defendants.

The  request  for  attorneys’  fees  will  be  in  an  amount  not  to  exceed  25%  percent  of  the  settlement funds. The request for reimbursement for expenses incurred in the prosecution of the  litigation  will  be  in  an  amount  not  to  exceed  $4  million.  If  awarded  by  the  Court,  these  amounts would be deducted proportionally from the settlement funds.

If  you  wish  to  object  to  the  request  for  attorneys’  fees  or  reimbursement  of  expenses,  your  objection must be received by the Court by September 15, 2016 as described above

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15. When and where will the Court decide whether to approve the Proposed Settlements?

The Court will hold a Fairness Hearing at 10:00 AM on October 5, 2016 in Courtroom 8D South at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, NY 11201. At this hearing the Court will consider whether the Proposed Settlements are fair, reasonable, and adequate, whether to approve the Plan of Allocation, and whether to award attorneys’ fees and expenses. If there are objections, the Court will consider them. The judge will listen to class members who have  asked  to  speak  at  the  hearing  (see  above).  After  the  hearing,  the  Court  will  decide  whether to approve the Proposed Settlements, the Plan of Allocation, and the request for attorneys’ fees and expenses.

The Court may change the time and date of the Fairness Hearing. Notice of any change will be posted at the courthouse or on the Court’s website and this website.

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16. Do I have to come to the hearing?

No. Class Counsel will answer questions the judge may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as the Court received your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

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17. May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing. If you wish to do so, you are encouraged to send a letter stating the following:

  • “Notice of Intention to Appear in In re Air Cargo Shipping Service Antitrust Litigation”
  • The position you will take and your reasons.
  • Your name, address, telephone number, and your signature.
  • Proof of your membership in the class, such as invoices showing that you satisfy the class definition in described above or the Settlement Class definition for the Asiana, EVA, and Nippon Cargo settlements (which included shipments within the United States, not just to or from the United States).

Your Notice of Intention to Appear must be filed with the Court at the following address, received by September 15, 2016:

Clerk of Court
United States District Court
for the Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

You must also mail copies of the Notice of Intention to Appear to the attorneys listed in FAQ 15 above.

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18. What happens if I do nothing at all?

If  you  excluded  yourself  from  the  Litigation  Class  before  January  22,  2016,  you  will  get  no  payment from the Air China, Air India, Air New Zealand, and Polar Settlements, but you will not give up your rights against those Settling Defendants.

Unless  you  previously  excluded  yourself  from  the  Litigation  Class  and  the  settlements  with  Asiana, Eva, and Nippon Cargo before January 22, 2016, then:

  • If you have already submitted an approved Claim Form for the Second, Third, or Fourth Settlements and you do nothing now, you will automatically be included as a claimant eligible to receive a payment if the Proposed Settlements are approved. You may choose to submit an amended Claim Form that also includes purchases of Airfreight Shipping Services that occurred between September 12, 2006 and September 30, 2006, but you need not do so.
  • If  you  have  not  submitted  an  approved  Claim  Form  for  the  Second,  Third,  or  Fourth Settlements and you do nothing now, you will get no payment and give up your rights. If you did not submit an approved Claim Form for the Second, Third, or Fourth Settlements and you want to receive a payment, you should submit a Claim Form as described above.

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19. Are there more details about the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees and expenses?

This website summarizes the Proposed Settlements. More details are in the Settlement Agreements. You can get a copy of the Settlement Agreements by visiting the Settlement Agreements page of this website.

Class Counsel will file a motion for final approval of the Proposed Settlements and the Plan of Allocation, and a request for attorneys’ fees and expenses, which will contain additional information. These papers are currently due to be filed by August 22, 2016 and will be available at the Court Documents page of this website.

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20. How do I get more information?

If you have questions or want more information, please see the Additional Information section of this website.

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