Mowi sues four European airlines over two-decade-old air cargo price cartel, claims capped at NOK 95 million

Mowi, the world's largest farmed salmon company, has filed suit over a two-decade-old air cargo price cartel, taking four European airline groups — SAS (SAS Cargo Norway and SAS Cargo Group), KLM, Air France and Lufthansa Cargo — to court, with claims capped at NOK 95 million. According to court records obtained by iLaks, the parties held a digital planning meeting on 2 November at Romerike og Glåmdal District Court (Romerike og Glåmdal tingrett).

Mowi argues that the airlines are jointly and severally liable for the compensation. The case dates back to a 2004 European Commission ruling: eleven airlines, including the five companies now being sued, coordinated prices and surcharges on cargo flights between 1999 and 2006.

The European Commission's fine on SAS Cargo that year amounted to roughly NOK 570 million, while the other ten companies were fined a combined NOK 6.5 billion. After the ruling, a series of cargo customers who had paid excessive freight charges filed compensation claims. The airlines contested the ruling and went through multiple rounds of appeals within the EU judicial system: the fines were annulled in 2015, then reinstated by the European Commission in 2017; in February this year, the EU's highest court issued a final ruling upholding the fines, with SAS Cargo the only company to receive a reduction, from EUR 70 million to EUR 62.8 million.

Mowi (then named Marine Harvest) first sued the SAS companies, KLM, Air France and Lufthansa in 2012, when the parties disagreed over whether the case should be stayed pending the EU court's ruling. Mowi requested in July this year that the case be resumed, and the court granted permission in August.

The five airlines believe they should be declared not liable on the grounds that the conditions for compensation have not been met. The SAS companies argue that the case is time-barred and deny joint and several liability, and the other three companies are also considering taking the same position. Mowi maintains that the five airlines are jointly and severally liable for the economic losses it suffered as a result of the cartel conduct identified by the EU, and wants the case heard in Norway under Norwegian law; if the airlines' arguments are upheld, the case may not be heard by a Norwegian court.

iLaks contacted Mowi, which said it had no comment at this time; the lawyer for the SAS companies was likewise unwilling to comment on the dispute. iLaks also attempted to contact the lawyers for the other airlines and the press contacts at each airline.