May 17, 2019 Update
On April 5, 2019, the Court granted Plaintiffs’ Motion to Distribute Net Settlement Funds. In granting Plaintiffs’ motion, the Court overruled the eight objections that were filed with the Court. The China Chamber of International Commerce has appealed the Court’s order.
Distribution amounts will be reduced to create a reserve for the amounts contested by the China Chamber of International Commerce’s appeal. If the appeal is unsuccessful, authorized claimants will be paid the remaining funds in a second pro rata distribution.
Authorized claimants can locate their award for the first distribution in a revised Exhibit X. The distribution amount will be lower than the amount in the original Exhibit X filed with the Court and posted to this website, because of the reserve for the China Chamber of International Commerce’s appeal.
The Claims Administrator will begin issuing award payments by the end of May. The Claims Administrator will update the claims administration website when checks are issued.
The case was filed in the United States District Court for the Eastern District of New York. It is called Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (BMC)(PK). Freight forwarding companies (“Defendants”) around the world were sued by a group of businesses (“Plaintiffs”) who claim that the companies conspired, in violation of antitrust laws, to fix the prices for freight forwarding services during certain time periods. The Plaintiffs claim that the Defendants’ conspiracies were worldwide, including on shipping routes between the United States and China, Hong Kong, Japan, Taiwan, and the United Kingdom. Plaintiffs claim that Defendants agreed to fix various charges and surcharges associated with providing freight forwarding services.
All of the Defendants Plaintiffs sued have agreed to Settlements in the lawsuit. They are called Settling Defendants and are the following companies:
- ABX Logistics Worldwide NV/SA;
- EGL, Inc. and EGL Eagle Global Logistics, LP (“EGL”);
- Expeditors International of Washington, Inc. (“Expeditors”);
- Kuehne + Nagel International AG and Kuehne + Nagel, Inc. (“Kuehne + Nagel”);
- Nishi-Nippon Railroad Co., Ltd. (“Nishi-Nippon”);
- Schenker, Inc. and its parents, subsidiaries, and affiliates, including Deutsche Bahn AG, Schenker AG, and Bax Global, Inc. (“Schenker”);
- Morrison Express Logistics Pte. (Singapore) and Morrison Express Corporation (U.S.A.) (“Morrison Express”);
- United Aircargo Consolidators, Inc.;
- UTi Worldwide, Inc.;
- Vantec Corporation and Vantec World Transport (USA), Inc. (“Vantec”);
- Toll Global Forwarding (USA), Inc., Baltrans Logistics, Inc., and Toll Holdings Ltd. (“Toll”);
- Panalpina World Transport (Holding) LTD and Panalpina, Inc. (“Panalpina”);
- Geodis S.A. and Geodis Wilson USA, INC. (“Geodis”);
- DSV A/S, DSV Solutions Holdings A/S, and DSV Air & Sea Ltd. f/n/a DFDS Transport (HK) Ltd. (“DSV”);
- Jet-Speed Logistics, Ltd, Jet-Speed Air Cargo Forwarders (USA) Inc., and Jet-Speed Logistics (USA), LLC (“Jet-Speed”); and
- SDV Logistique Internationale.
- Agility Holdings, Inc.; Agility Logistics Corp.; Geologistics Corp.; and Geologistics International Management (Bermuda) Limited (together, “Agility”);
- Dachser GmbH & Co., KG, doing business as Dachser Intelligent Logistics; and Dachser Transport of America, Inc. (together, “Dachser”);
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the severed Japanese claims only;1
- DSV A/S; DSV Solutions Holding A/S; and DSV Air & Sea Ltd. formerly known as DFDS Transport (HK) Ltd. (together, “DSV”);
- The “Japanese Defendants” included in one Settlement:
- Hankyu Hanshin Express Holding Corporation formerly known as Hankyu Express International Co., Ltd. and its subsidiary, Hankyu Hanshin Express Co., Ltd., and its U.S. subsidiary, Hanshin Air Cargo USA, Inc. (together, “Hankyu Hanshin”);
- Japan Aircargo Forwarders Association (“JAFA”);
- Kintetsu World Express, Inc. and its U.S. subsidiary, Kintetsu World Express (U.S.A.), Inc. (together, “Kintetsu”);
- “K” Line Logistics, Ltd., and its U.S. subsidiary “K” Line Logistics (U.S.A.), Inc. (together, ““K” Line”);
- MOL Logistics (Japan) Co., Ltd., and its U.S. subsidiary, MOL Logistics (USA) Inc. (together, “MOL Logistics”);
- Nippon Express Co., Ltd. and its U.S. subsidiary, Nippon Express USA, Inc. (together, “Nippon Express”);
- Nissin Corporation and its U.S. subsidiary, Nissin International Transport U.S.A., Inc. (together, “Nissin”);
- Yamato Global Logistics Japan Co., Ltd., and its U.S. affiliate, Yamato Transport U.S.A. Inc. (together, “Yamato”);
- Yusen Air & Sea Service Co., Ltd. and its U.S. subsidiary, Yusen Air & Sea Service (U.S.A.), Inc. (together, “Yusen”);
- Jet Speed Logistics, Ltd., also known as Jet Speed Air Cargo Forwarders (HK), Ltd.; Jet Speed Logistics (USA), LLC; and Jet-Speed Air Cargo Forwarders, Inc. (USA) (together, “Jet Speed”);
- United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc. (together, “UPS”).
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the non-Japanese claims;
- Hellmann Worldwide Logistics GmbH & Co. KG, Hellmann Worldwide Logistics Ltd. Hong Kong, and Hellmann Worldwide Logistics, Inc. (together, “Hellmann”).
1 The severed Japanese claims are: Fuel Surcharge, Security & Explosives Examination Fee, Air AMS on routes from Japan to the United States, and the Regional Japanese Conspiracy.