Cases T- 9/11 Air Canada v Commission, et al (Air cargo cartel) [Archived]
Cases T- 9/11 Air Canada v Commission, et al (Air cargo cartel) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Cases T- 9/11 Air Canada v Commission, et al (Air cargo cartel) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 16 December 2015; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

NOTE–appeal lodged by British Airways at Court of Justice in Case C- 122/16

Case facts

Outline Appeals to the General Court seeking annulment or substantial reduction in the levels of fine imposed regarding the Commission's decision of 9 November 2010 finding a single and continuous infringement of Article 101 TFEU, Article 53 EEA Agreement and Article 8 Agreement between the European Community and Swiss Confederation on Air transport and imposing fines totalling €799.45m on 11 undertakings active in the supply of international air cargo services for their alleged participation in global cartel for airfreight services ('Air cargo cartel').

On 16 December 2015, the General Court annulled the Commission's Air cargo decision and wiped out approximately €790m in fines imposed on 10 of the 11 undertakings fined under the decision (with Qantas being the only addressee of the decision not to have lodged an action for annulment) having found that there is a contradiction between the grounds of the decision and its 'operative part' (ie the first four articles of the decision)—and that such inconsistencies infringed the