Frequently Asked Questions

  1. Why did I get the notice package?
  2. What is this lawsuit about?
  3. Who are the Defendants?
  4. Has the Court approved other settlements in this case?
  5. Why is this a class action?
  6. Why are there Third Settlements?
  7. How do I know if I am part of the Third Settlements?
  8. I'm still not sure if I am included.
  9. What do the Third Settlements provide?
  10. How do I get a payment?
  11. How much will my payment be?
  12. What am I giving up to get a payment or stay in the class?
  13. How do I get out of the Third Settlements?
  14. Can I remain as part of the settlement class for some of the Third Settlements and have excluded myself from others?
  15. If I excluded myself, can I get money from the Third Settlements?
  16. Do I have a lawyer in this case?
  17. How will the lawyers be paid?
  18. How do I tell the Court that I don't like the Third Settlements, the Plan of Allocation, or the request for attorneys' fees and expenses?
  19. What's the difference between objecting and excluding?
  20. When and where will the Court decide whether to approve the Third Settlements?
  21. Did I have to come to the hearing?
  22. May I speak at the hearing?
  23. What happens if I did nothing at all?
  24. Are there more details about the Third Settlements, the Plan of Allocation, or the request for attorneys' fees and expenses?
  25. How do I get more information?
  26. Can I update my address?



1. Why did I get the 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, from, or within the United States from January 1, 2000 to September 11, 2006.

The Court sent you the notice because, as a possible class member, you have a right to know about the Third Settlements of this class action lawsuit and about all of your options. The notice explains the lawsuit, the Third 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 (JG) (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 Third 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. Settling 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 are British Airways, Lan/ABSA, Malaysia, South African, Saudia, Emirates, El Al, Air Canada, and Sanfilippo. The other Defendants are:


Air China Cargo Company Ltd.
Air China Ltd.
Air India
Air Mauritius Ltd.
Airways Corp. of New Zealand Ltd.
Alitalia Linee Aeree Italiane S.p.A.
All Nippon Airways Co., Ltd.
American Airlines, Inc.
AMR Corporation
Asiana Airlines, Inc.
Atlas Air Worldwide Holdings, Inc.
Cargolux Airlines International, S.A.
Cathay Pacific Airways, Ltd.
China Airlines, Ltd.
DAS Air Ltd. (DAS Air Cargo)
Deutsche Lufthansa AG
Ethiopian Airlines Corp.
EVA Airways Corporation
Japan Airlines International Co., Ltd.
Kenya Airways Limited
Koninklijke Luchtvaart Maatschappij N.V.
Korean Airlines Co., Ltd.
Lufthansa Cargo AG
Martinair Holland N.V.
Nippon Cargo Airlines Co., Ltd.
Polar Air Cargo, Inc.
Polar Air Cargo Worldwide, Inc.
Qantas Airways Limited
SAS Cargo Group A/S
Scandinavian Airlines System
Société Air France
Singapore Airlines Cargo PTE, Ltd.
Singapore Airlines, Ltd.
Swiss International Air Lines, Ltd.
Thai Airways International Public Company Limited
Viação Aérea Rio-Grandense, S.A. (Varig)

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

The Court has granted final approval to the following nine settlements. The Lufthansa Settlement is an $85 million settlement with Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines, Ltd. (“Lufthansa”). The Second Settlements 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”).

You may have received notice of the Lufthansa Settlement or the Second Settlements previously. If you submitted a claim form in connection with the Lufthansa Settlement (but did not submit a claim form in connection with the Second Settlements), you needed to file a new claim form to be eligible to receive a payment for a portion of the Third Settlements. However, if you submitted an approved claim form in connection with the Second Settlements, you did not need to submit a new claim form to get a payment. (See Question 10 for more information about submitting a claim form.)

The total settlement proceeds recovered in the litigation so far will be approximately $485 million.

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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 excluded themselves from the class. U.S. District Judge John Gleeson is in charge of this class action.

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6. Why are there Third 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 Third 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 Third Settlements are best for all class members. The case is proceeding against other Defendants.

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7. How do I know if I am part of the Third Settlements?

Judge Gleeson decided that everyone who fits this description is a settlement class member: 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, from or within the United States directly from any of the Settling Defendants, any other Defendant, 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 11, 2006.

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

If you are still not sure whether you are a settlement class member, you can ask for free help. See Question 25 below. You are not required to pay anyone to assist you in filing a claim.

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9. What do the Third Settlements provide?

Under the British Airways Settlement, British Airways has paid $89.512 million and up to $500,000 for costs of notice of the settlement. If any class member excluded itself from the British Airways Settlement, the portion of the $89.512 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 settlement class after a specified period. This process is explained in Paragraph 50 of the British Airways Settlement agreement, available on this website.

Under the Lan/ABSA Settlement, Lan and ABSA have paid $66 million and have agreed to pay up to $150,000 for costs of notice of the settlement. If any class member excluded itself from the Lan/ABSA Settlement, the portion of the $66 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 settlement class after a specified period. This process is explained in Paragraph 50 of the Lan/ABSA Settlement agreement, available on this website.

Under the Malaysia Settlement, Malaysia has paid $3.2 million and has agreed to pay up to $150,000 for costs of notice and administration of the settlement. That amount will not be reduced because of class members who excluded themselves from the class.

Under the South African Settlement, South African has paid $3.29 million and has agreed to pay up to $150,000 for costs of notice and administration of the settlement. That amount will not be reduced because of class members who excluded themselves from the class.

Under the Saudia Settlement, Saudia has paid $14 million. That amount will not be reduced because of class members who excluded themselves from the class.

Under the Emirates Settlement, Emirates has paid $7.833 million. That amount will not be reduced because of class members who excluded themselves from the class.

Under the El Al Settlement, El Al has paid $9.8 million and will pay an additional $6 million in five installments. Both El Al and Plaintiffs have the option to rescind the agreement if more than a certain percentage of class members excluded themselves from the class, as explained in Paragraph 44 of the El Al Settlement agreement, available on this website.

Under the Air Canada Settlement, Air Canada has paid $7.5 million. That amount will not be reduced because of class members who excluded themselves from the class.

Under all nine Third Settlements, including the Sanfilippo Settlement, the Settling Defendants will also provide cooperation in Plaintiffs’ continuing litigation against the other remaining Defendants. This cooperation varies for each Settling Defendant, but includes meetings with their counsel, production of documents and electronic data, and witness interviews and testimony. Details about the cooperation are set forth in the settlement agreements, which have been filed with the Court and may be viewed on this website.

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10. How do I get a payment?

If you are a settlement class member and did not exclude yourself from the class, you are eligible to get a payment. If you submitted an approved claim form in connection with the Second Settlements, you did not need to submit a claim form again. If you did not submit a claim form in connection with the Second Settlements (even if you submitted a claim form in connection with the Lufthansa Settlement), you must have submitted a claim form by July 27, 2012 to participate in these Third Settlements.

If you did not mail a timely, properly addressed claim form, your claim may be rejected and you may not be able to get any payment.

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. The settlement funds will first be used to pay attorneys’ fees and expenses approved by the Court. The remaining amount (following any reduction for class members that excluded themselves) will be distributed to class members that submitted valid claim forms in proportion to their relevant purchases of Airfreight Shipping Services. For purposes of this calculation, 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, which is the last day of the settlement class period.

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. (See Question 4 above for a description of these settlements.)

If you wanted to object to the Plan of Allocation, your objection must have been received by the court by July 6, 2012.

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12. What am I giving up to get a payment or stay in the class?

Unless you excluded yourself from a specific settlement, you are staying in the settlement class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against that Settling Defendant about the legal issues in this case. This is called a release. It also means that all of the Court’s orders will apply to you and legally bind you.

However, you would not give up (a) any claim made with respect to any indirect purchase of Airfreight Shipping Services or (b) any claim for negligence, breach of contract, bailment, failure to deliver, lost goods, damaged or delayed goods, or a similar claim, or any other claim unrelated to the legal issues in this case. The Third Settlements also do not affect the rights of settlement class members against any Defendants other than the Settling Defendants, and the lawsuit will continue against the other Defendants, which have not settled.

The settlement agreements, which are available on this website, describe the exact legal claims that you give up if you stayed in the settlement class.

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13. How do I get out of the Third Settlements?

To exclude yourself from one or more of the Third Settlements, you must have sent a letter saying that you wanted to be excluded from the settlement class. The letter must have included the following information:

Your letter must have been postmarked by June 1, 2012 and sent to:

Air Cargo Settlement 3
c/o The Garden City Group, Inc.
P.O. Box 9380
Dublin, OH 43017-4280
USA

If you asked to be excluded from any of the Third Settlements, you will not get any payment from any settlement from which you excluded yourself, and you could not have objected to those particular settlements.

Unless you excluded yourself, you gave up any right to sue the Settling Defendants for the claims that the Third Settlements resolve. If you have a pending lawsuit against a Settling Defendant involving the same legal issues in this case, speak to your lawyer in that case immediately. (You must have exluded yourself from the corresponding settlement class in order to continue your own lawsuit against one or more of the Settling Defendants.)

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14. Can I remain as part of the settlement class for some of the Third Settlements and have excluded myself from others?

Yes. Because there are nine separate Third Settlements (the British Airways Settlement, the Lan/ABSA Settlement, the Malaysia Settlement, the South African Settlement, the Saudia Settlement, the Emirates Settlement, the El Al Settlement, the Air Canada Settlement, and the Sanfilippo Settlement), you needed to decide, for each of the Third Settlements, whether you wished to exclude yourself from the settlement class, or whether to remain in the settlement class for any or all of them.

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15. If I excluded myself, can I get money from the Third Settlements?

No. If you decided to exclude yourself from a Third Settlement, you will not be able to get money from that Third Settlement. If you excluded yourself from some, but not all, of the Third Settlements, you will be eligible to receive payment from the Third Settlements for which you remain in the settlement class.

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16. 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 L. Salzman of Robins, Kaplan, Miller & Ciresi L.L.P.; 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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17. 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 in litigating the case on a contingent basis, Class Counsel asked the Court to approve payment from the Third Settlements of an interim payment of attorneys’ fees in an amount not to exceed 25 percent of the settlement funds, interim reimbursement for expenses incurred in the prosecution of the litigation in an amount not to exceed $2.5 million, and an award of $1 million for future expenses in the ongoing litigation. These amounts will be deducted proportionally from the settlement funds.

If you wanted to object to the attorneys’ fees and expenses request, your objection must have been received by the Court by July 6, 2012.

On August 2, 2012, the Court approved the award of attorneys’ fees in the amount of $54,415,069.18 and expenses in the amount of $2,098,350.09.

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

The deadline to object to the Third Settlements, the Plan of Allocation, or the request for attorneys' fees and expenses was July 6, 2012.

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19. What's the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the Third Settlements, Class Counsel’s request for interim attorneys’ fees or reimbursement of expenses, payment of anticipated future litigation expenses, or the Plan of Allocation. You could have objected to one or more of the Third Settlements only if you stayed in the settlement class for those particular Third Settlements. If you excluded yourself, you had no right to object because the Third Settlements no longer affect you.

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20. When and where will the Court decide whether to approve the Third Settlements?

The Court held a Fairness Hearing at 12:00 p.m. on July 27, 2012, in Courtroom 6C South at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, NY 11201. At this hearing the Court considered whether the Third Settlements are fair, reasonable, and adequate, whether to approve the Plan of Allocation, whether to award attorneys’ fees and expenses, and whether to award payment for anticipated litigation expenses.

On August 2, 2012, the Court granted final approval of the Third Settlements and found the Settlements to be fair, reasonable, and adequate; approved the Plan of Allocation; awarded attorneys’ fees in the amount of $54,415,069.18 and expenses in the amount of $2,098,350.09.

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21. Did I have to come to the hearing?

No. Class Counsel answered any questions Judge Gleeson had. If you sent an objection, you did not have to come to Court to talk about it. As long as the Court received your written objection on time, the Court consided it. You may also have paid your own lawyer to attend, but it was not necessary.

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22. May I speak at the hearing?

You could have asked the Court for permission to speak at the Fairness Hearing. If you wanted to do so, you must have filed a Notice of Intention to Appear with the Court by July 6, 2012.

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23. What happens if I did nothing at all?

If you did nothing, you will remain in the settlement class for each of the Third Settlements but you will not receive a payment, unless you have submitted an approved claim form in connection with the Second Settlements or the Third Settlements. (See Question 10 above.)

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24. Are there more details about the Third Settlements, the Plan of Allocation, or the request for attorneys' fees and expenses?

The notice summarizes the Third Settlements. More details are in the settlement agreements, which are available on this website.

Class Counsel filed a motion for final approval of the Third Settlements and the Plan of Allocation, and a request for attorneys’ fees and expenses, which contained additional information.

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25. How do I get more information?

If the answers to your questions cannot be located on this website, you may contact the settlement administrator by email at administrator@aircargosettlement3.com. You may also call the settlement administrator toll-free at 1-888-291-9655 in the U.S., U.S. territories, and Canada. Outside the U.S. and Canada, you may call 1-614-553-1296, but toll charges will apply. You may also write to:

Air Cargo Settlement 3
c/o The Garden City Group, Inc.
P.O. Box 9380
Dublin, OH 43017-4280
USA

You may also write to any of Class Counsel at the following addresses:

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

Robert N. Kaplan
Kaplan Fox & Kilsheimer LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Hollis L. Salzman
Robins, Kaplan, Miller & Ciresi L.L.P.
601 Lexington Avenue
Suite 3400
New York, NY 10022-4611
Howard J. Sedran
Levin, Fishbein, Sedran & Berman
510 Walnut Street
Philadelphia, PA 19106

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26. Can I update my address?

Yes. If your address changes, please enter your current information on this website, or send it to the settlement administrator at:

Air Cargo Settlement 3
c/o The Garden City Group, Inc.
P.O. Box 9380
Dublin, OH 43017-4280
USA

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Important Dates
DateDeadline
June 1, 2012
[Expired]
Exclusion Deadline (Postmarked)
July 6, 2012
[Expired]
Objection Deadline (Filed and Received)
July 27, 2012 at 12:00 p.m.
[Passed]
Fairness Hearing at the United States District Court, Eastern District of New York
July 27, 2012
[Expired]
Claim Form Deadline (Postmarked)