Deutsche Bahn AG announced that DB Schenker will drop its case against Nippon Cargo, SAS and Cargolux which were part of its air cargo cartel lawsuit. However the company will continue to pursue damages from other airlines charged with anticompetitive conduct under the lawsuit.
DB Schenker said in a statement, “Deutsche Bahn can confirm 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. Schenker will continue to pursue its claims against other air carriers and seek damages relating to the air carriers’ anticompetitive conduct alleged in the US cartel lawsuit, based on the legal principle of joint and several liability. Schenker plans to pursue its rights vigorously.”
The case has been brought against a number of 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. The parties face damages of approximately $3.7bn between the cases in the US and Germany.
In the US alone DB Schenker is seeking damages estimated at approximately $370m, that number could increase to an estimated $1.1bn if the court awards treble damages in the case.
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