Martinair (Netherlands) (MP, Amsterdam Schiphol) and ten other carriers have been named as respondents in lawsuits filed by Schenker AG in both the United States and Germany over their individual roles in an alleged air cargo cartel.

Schenker, the logistics subsidiary of German rail firm, Deustche Bahn AG, said in a statement that it would seek damages amounting to USD2.5billion — approximately USD370million in the US and USD2.19billion in Germany including interest — from air cargo carriers found guilty by the US Department of Justice, the European Commission, and other international authorities for operating a global price-fixing cartel. The US portion could increase to an estimated USD1.1 billion if the court awards treble damages in the case.

It is claimed that between at least January of 2000 and February of 2006, major international cargo airlines from around the world conspired to inflate the price of shipping goods by air by manipulating their fuel and security surcharges. Plaintiffs claim the conspiracy increased global shipping prices, costing businesses and individuals that ship goods by air billions of dollars in losses.

Price fixing class action lawsuits around the world began in 2006 and were taken up on behalf of purchasers of international airfreight services, including importers and exporters of products to and from the United States.

Thus far, 22 defendants have settled in the antitrust litigation, with over USD903million having been paid out since proceedings began. Schenker AG agreed to settlements with some carriers but opted out of the settlement agreements by the below named defendants in connection with the class action lawsuit.

In its US suit filed in August in New York, Schenker claimed Air France, KLM Royal Dutch Airlines, Martinair, Cathay Pacific, Qantas, SAS Scandinavian Airlines, and NCA - Nippon Cargo Airlines had all violated US antitrust laws when they allegedly conspired to coordinate surcharge pricing for shipments to, from and within the US. All defendants named pleaded guilty in Department of Justice proceedings.

In its German suit filed in December last year, Schenker alleges that defendants Lufthansa, British Airways, Singapore Airlines, Swiss, Cargolux, SAS, Air Canada, Cathay Pacific, JAL - Japan Airlines, LAN Airlines, and Qantas were involved in the same conspiracy affecting airfreight shipments worldwide.