Commission Recovers From Turbulence And Re-Adopts Air Cargo Decision

The Commission recently re-adopted its air cargo cartel decision after the General Court annulled its original decision for inconsistencies on procedural grounds. The Commission fixed the fines at the exact same level for most of the air carriers allegedly involved in the cartel. As a result, there are currently three different "flavours" of the same cartel decision. First, the re-adopted cartel decision. Second, the original 2010 cartel decision, which applies to air carrier Quantas because it did not appeal the original decision to the General Court. Third, a pending appeal by British Airways against the General Court's partial annulment of the original cartel decision. It remains to be seen how national courts will deal with these different flavours in pending civil damages proceedings.