After more than ten years of legal battles, Deutsche bahn has successfully concluded its compensation claim against several air cargo carriers involved in anti-competitive practices. Its subsidiary, DB Barnsdale, has reached a settlement with Cathay Pacific, the last remaining defendant in proceedings before the Regional Court of Cologne. The dispute stems from an investigation by the European Commission, which sanctioned eleven airlines for violating global competition regulations. The airlines involved – including Air Canada, Air France-KLM, British Airways, Cathay Pacific, Cargolux, Japan Airlines, Lan Chile, Martinair, SAS, Singapore Airlines and Qantas – were found guilty of illicit agreements on fuel and security surcharges in air freight transport. The Commission's decision is currently under appeal before the European Court of Justice.
Since 2013, DB Barnsdale has been seeking compensation for damages not only on behalf of DB Schenker but also for other freight forwarders and companies that assigned their compensation claims to the firm. Prior to the settlement with Cathay Pacific, numerous out-of-court agreements had already been reached with other airlines involved in the case. Although the details of the settlement and the amount of compensation remain confidential, the agreement has avoided further delays in awaiting a final court ruling in Germany, whose outcome was not expected in the short term.
According to Martin Seiler, a member of Deutsche bahn’s management board responsible for human resources and legal affairs, the result represents a significant step in upholding market regulations. "Our competition litigation experts have secured over 65 settlements and recovered nearly 700 million euros in damages in recent years. This conclusion marks a victory for justice and fair competition."
