Air Cargo Class Action Appeal Commences

17 Dec 2009

The hearing in this appeal began to day.  Earlier in the year the Court of Appeal granted permission to Emerald Supplies Limited to appeal against the decision of the Chancellor striking out the representative element of its cartel damages claim against British Airways plc (BA).   In its representative claim Emerald purported to represent all those purchasers of airfreight services who had paid inflated prices as a result of the alleged cartel.

The claim arises in connection with BA’s alleged participation in a cartel in relation to the fixing of fuel surcharges in connection with airfreight services in breach of Article 81 EC.

Ben Rayment is junior counsel to Emerald instructed by Hausfeld LLP.

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