DB Schenker recently put
out a presser proclaiming the end of its cargo cartel lawsuit claim against
Nippon Cargo, SAS, and Cargolux.
But Schenker promised it would continue
to pursue its claims against other air carriers “vigorously.”
So Nippon Cargo, SAS, and Cargolux found
it cheaper to settle out of court (U.S. Eastern District) while admitting
no guilt.
So far, to our knowledge, Schenker has not
advised major shippers about possible refunds based on settlements with
these carriers.
What’s more, they apparently have
not sought input and legal assistance from shipper’s interest groups,
which would have been a logical move.
Schenker has indicated that it is still
after AF/KL/MP and Lufthansa.
“Lots of luck in both cases,”
is what an industry insider told FT.
“AF/KL/MP apparently has the case
in court already in the Netherlands, which works to Schenker’s disadvantage
since Dutch law will not award the plaintiff triple punitive damages.
“Lufthansa, which has been rather
unscathed, having fully cooperated with U.S. and European authorities,
has been sued only in Germany.”
The source noted that Lufthansa fully acknowledges
liability for damages done, but so far “there seems to have been
no damages at all,” which in plain speak means that DB Schenker
has proven nothing.
In any case, DB Schenker passed on any charges—excessive
or otherwise—levied by airlines to the shippers.
Last but not least, no matter the final
outcome for any of the airlines, this ongoing legal dust-up could impact
the bottom-line of all carriers involved and result in either raised prices
(where possible) or dropped routes where the risk of litigation is all
too high.
If memory serves, it was DB Schenker complaining
at various times about a lack of alternatives in trans-Atlantic main deck
capacity.
So far, Schenker, in its legal zeal, may
be shooting itself through the foot while aiding and abetting the Darwinian
theory of survival of the “financially” fittest—which
does not necessarily mean the survival of the best service provider.
Your move.
Jens |
