UK air cargo follow-on case wins Litigation of the Year - Cartel Defence at GCR Awards 2018

The UK air cargo follow-on case was awarded Litigation of the Year - Cartel Defence at the GCR Awards 2018, ahead of six other nominees. 

Optical Disk Drive, Lithium-Ion Batteries, Containerboard Products, Interest Rate Swaps, Nishikawa Rubber in Auto Parts MDL and Rail Freight Fuel Surcharge were also nominated for the award.

In October 2017, airlines defending UK litigation tied to their alleged participation in the air cargo cartel scored a resounding victory by striking out half of the value of the claim. Having previously struck out claims for unlawful means conspiracy and the claim by 65,000 Chinese companies, the airlines have reduced claims originally valued at over £5 billion (€5.69 billion) to £150 million (€170.61 million). The application concerned how article 101 of the Treaty on the Functioning of the European Union applied to air transport between EU and non-EU countries before 1 May 2004 and whether, absent any finding of infringement by the European Commission or a national authority, any claims for damages could be made relating to that period. High Court judge Mrs Justice Vivien Rose found that no such claims could be made, greatly reducing the lawsuit’s temporal scope.

Counsel to British Airways

Slaughter and May

Partners Richard Swallow and Jonathan Clark in London, and associate Holly Ware in London

Monckton Chambers

Jon Turner QC in London

One Essex Court

Gideon Coe in London

Counsel to Air Canada

Hogan Lovells

Partners Nicholas Heaton and Ivan Shiu in London, and associates Oliver Humphrey and Will Moir in London

Counsel to Korean Air

Hogan Lovells

Partner Neil Mirchandani in London, counsel Paul Chaplin in London, and associates Greg Lewis and Susanne Buergi in London

Counsel to Singapore Airlines and Singapore Airlines Cargo

Latham & Watkins

Partner Oliver Browne in London, partner John Paul Poitras in Brussels, partner John Kallaugher (now retired) in London and Brussels, and associate Alexandra Luchian in London

Counsel to Deutsche Lufthansa, Lufthansa Cargo and Swiss International Airlines

WilmerHale

Partner Duncan Speller in London, special counsel Cormac O'Daly in London and Brussels, senior associate John McMillan in London and associate Stephanie Forrest in London

Counsel to Asiana Airlines

O'Melveny & Myers

Partner David Foster in London, counsel Margarita Nikki Michael in London and associate Lauren Sweet in London

Counsel to Cargolux Airlines International

Shearman & Sterling

Partners Jo Rickard and Susanna Charlwood in London, partner Geert Goeteyn in Brussels, and associates Tom Jones and Ruba Noorali in London

Counsel to Cathay Pacific Airways

Squire Patton Boggs

Partner Martin Rees in London and Brussels

Counsel to Japan Airlines

Steptoe & Johnson

Partner Angus Rodger in London and associate Michael Wharfe in London

Counsel to LAN Cargo and LATAM Airlines Group

Squire Patton Boggs

Partner Brian Harnett in Brussels, senior associate Stephen Cole in London and associate Samuel Hare in London

Counsel to Quantas Airways

Macfarlanes

Partner Cameron Firth in London and solicitor Matthew Redfern in London

Counsel to Scandinavian Airlines System Denmark-Norway-Sweden, SAS AB and SAS Cargo Group

Shepherd and Wedderburn

Partner Claire Stockford in London, and solicitors Douglass Campbell and Tom Stables in London

Counsel to Société Air France, KLM NV, Martinair Holland NV and Air France-KLM

Linklaters

Partner Tom Cassels in London, counsel Elizabeth Jordan in London, managing associate James Hennah in London, and associate Alex Hannington in London

Counsel to Thai Airways International Public Limited Company

Gowling WLG

Partner Bernardine Adkins in London and Brussels, associate Rory Jones in London and associate Anna Cundall in Birmingham

Counsel to Part 20 claimant airlines

Monckton Chambers

Daniel Beard QC and Thomas Sebastian in London