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Schenker seeks US court to quash carriers' demand for client information
GERMAN state-owned logistics giant Schenker has appealed to a US District Court to quash a "motion to compel" it to disclose particulars of its relationships with clients as part of its US$3.3 billion price-fixing lawsuit against carriers convicted of price fixing.
In a written statement to the New York court, the forwarder wants the motion brought by Air France-KLM, Martinair and Qantas to be denied because it is "irrelevant", reports London's Loadstar.
The carriers, already convicted of being part of a price-fixing cartel, have sought details of Schenker's customer prices and surcharges, after the forwarder sued them for damages in 2014.
Said Schenker: "Defendants try to justify their motion by speculating that Schenker was aware of, and 'may have been a knowing participant in, the alleged conspiracy among the air cargo carriers'.
"But they offer no support for these theories, even though Schenker has produced a significant number of documents and data and there has been over a decade of investigations and lawsuits," said the Schenker statement.
Schenker said "downstream" information about its relationship with customers was irrelevant to a case about the effect of the carriers' cartel on Schenker's "upstream" purchases.
Alongside Air France-KLM, Martinair and Qantas, Cargolux, SAS and ANA are part of the New York action, while those airlines are joined by Lufthansa, British Airways, Swiss, LAN, Singapore Airlines, JAL, Air Canada and Cathay Pacific in a separate case being heard in Cologne.
In a written statement to the New York court, the forwarder wants the motion brought by Air France-KLM, Martinair and Qantas to be denied because it is "irrelevant", reports London's Loadstar.
The carriers, already convicted of being part of a price-fixing cartel, have sought details of Schenker's customer prices and surcharges, after the forwarder sued them for damages in 2014.
Said Schenker: "Defendants try to justify their motion by speculating that Schenker was aware of, and 'may have been a knowing participant in, the alleged conspiracy among the air cargo carriers'.
"But they offer no support for these theories, even though Schenker has produced a significant number of documents and data and there has been over a decade of investigations and lawsuits," said the Schenker statement.
Schenker said "downstream" information about its relationship with customers was irrelevant to a case about the effect of the carriers' cartel on Schenker's "upstream" purchases.
Alongside Air France-KLM, Martinair and Qantas, Cargolux, SAS and ANA are part of the New York action, while those airlines are joined by Lufthansa, British Airways, Swiss, LAN, Singapore Airlines, JAL, Air Canada and Cathay Pacific in a separate case being heard in Cologne.
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