The English High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald/British Airways)

On April 8, 2009, the English High Court of Justice, Chancery Division, granted British Airways’ request for an order striking two Plaintiffs’ representative claims. [1] Though still subject to appeal, this decision potentially represents a significant obstacle to efforts underway to apply historical U.S. class action style procedures to antitrust claims brought in England. Background The allegations at issue in this lawsuit are not new and have been the subject of investigation by the Department of Justice and various other jurisdictions, including the United Kingdom, as well as U.S. class action lawsuits. In this case, Plaintiffs, two British-based cut flower importers, sued British Airways claiming it had agreed with a number of airlines including Lufthansa, Korean Airlines,

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom
  • Dentons (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Steven C. Sunshine, David Kavanagh, James S. Venit, Shepard Goldfein, The English High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald/British Airways), 8 April 2009, e-Competitions Bulletin April 2009, Art. N° 45542

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