European Commission re-adopts air cartel decision

Cargolux Airlines landing at Ashgabat

The European Commission has readopted a decision against air cargo carriers over a price-fixing cartel made in 2015, including Cargolux and 10 other carriers.

In December 2015, the General Court of the European Union annulled the Commission’s 2010 decision in its entirety, including the annulment of the €79.9 million fine previously imposed on Cargolux.

The cartel case was first brought in November 2010 and included 11 cargo carriers and the fines totalled €776 million.

Others fined were Air Canada, Air France-KLM, British Airways, Cargolux, Cathay Pacific Airways, Japan Airlines, LAN Chile, Martinair, Qantas, SAS and Singapore Airlines. Lufthansa, and its subsidiary, Swiss International Air Lines, received full immunity from fines.

Cargolux says it acknowledges the decision issued today by the Commission in the cartel case, adding: “This development did not come as a surprise: previous communications from the European Commission had indicated its intention to re-adopt a decision in this case.

“At this stage Cargolux is reviewing the decision and has not yet decided whether to lodge an application for annulment with the General Court.”

Cargolux says it welcomes the recognition by the Commission that no undertaking should be put in a worse position simply as a result of the errors by the Commission, which were the basis for the annulment of the Commission’s 2010 decision.