On 30 March 2022, the General Court of the European Union (“General Court”) handed down thirteen separate judgments on appeals brought by airfreight carriers against the Commission’s re-adopted decision in the Airfreight case. Background In November 2010, the European Commission (“Commission”) adopted a decision finding that, between December 1999 and February 2006, several airfreight carriers had engaged in anticompetitive contacts with a view to coordinating their pricing behaviour (“2010 Decision”). According to the Commission, the carriers coordinated their conduct in the imposition of flat-rate fuel surcharges (“FSC”) on all relevant airfreight shipments. The Commission found that, after 2001, this approach was extended to security surcharges (“SSC”) to address the cost of newly
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