Brussels, 08/11/2010 (Agence Europe) - As announced (EUROPE 10241), without any further delays, Joaquin Almunia, the vice-president of the Commission with responsibility for competition issues, is to announce the names of the companies found to have taken part in the air freight cargo, together with the corresponding fines, on 9 November.
According to Les Echos, these fines will be calculated on the basis of the turnover made by each company in the "freight" sector. This may be between 0 and 30% of the turnover of the company, multiplied by the number of years of fraud, plus a "right of entry" of 15% to 25% of the turnover. They will be assigned a "seriousness" coefficient, to be left to the discretion of the Commission, which will take account of attenuating or aggravating circumstances, such as the degree of "cooperation" with its investigations, repeat performances, etc.
Of the large companies involved, top of the list is likely to be Air France-KLM and its subsidiary Martinair, which, Les Echos reports, is set to face a fine of between 150 and 250 million euros, but could be granted a reduction of up to 20% due to its degree of cooperation. British Airways is set to be fined between 60 and 80 million euros, with a rebate of 30 to 50% for having been quick to cooperate. For having blown the whistle on the cartel, Lufthansa, which was incidentally one of its instigators, may come out of it rather well, escaping fines altogether or having to pay only a very small one. The other companies involved are believed to be SAS, Alitalia, Japan Airlines, Cathay Pacific, Air Canada and All Nippon Airways.
Companies which have faced similar measures in the United States, Canada and Australia for the activities of the same cartel may ask the Commission to take account solely of the turnover achieved from Europe, to avoid double penalisation. (F.G./trans.fl)