The 11 airlines that were fined a total of $908 million in March for price fixing cartel operations are looking to appeal the European Commission’s decision, citing an unfair defense.
The airlines that were fined a total of $904 million by the European Commission (EC) in March for price fixing cartel operations are appealing the decision, stating their right to defense was inadequate, according to a filing with the Official Journal of the European Union.
The EC first announced it would reinstate the fine in March after the original decision was annulled by the General Court due to procedural error. The 11 airlines that were fined are now appealing to have the decision annulled, again.
The airlines argue that their “right to defense was breached by refusing access to relevant evidence, lack of competence applying law to airfreight services, errors assessing the evidence and its conclusions proving participation in a continuous infringement, inconsistent decisions and the belief that the Commission was wrong to fine any of the applicants as ‘they cannot be liable for the alleged infringement’.”
A few of the airlines say the court should annul the decision and pay costs, while others request that the fine is reduced as an alternative. Lufthansa and its subsidiary Swiss International Air Lines, however, received full immunity from the fines for bringing the cartel to the EC’s attention.
The airlines facing the fine include Singapore Airlines, LATAM Airlines Group and Lan Cargo, Cathay Pacific Airways, Deutsche Lufthansa and others, British Airways, Japan Airlines, Cargolux Airlines International, Air Canada, SAS Cargo Group and others, and Martinair Holland.
Airlines to fight EC cartel fines
