A Minneapolis electronics manufacturer that says it paid excessive freight fees because of price fixing stands to benefit from a $29 million civil settlement with several freight firms, including two that pleaded guilty to separate criminal charges.
Precision Associates, which makes and distributes industrial rubber supplies, is a lead plaintiff in a 2008 federal lawsuit brought in New York against several dozen freight-scheduling firms in the United States, Europe and Asia who allegedly colluded to set prices.
In late September, several of the accused, including Germany's Detsche Bahn AG and Schenker AG, agreed to settle the civil case for $29 million. Those firms are among 12 companies that have pleaded guilty to criminal price fixing.
"These are icebreaker cases," said attorney Joe Bruckner of Lockridge Grindal Nauen of Minneapolis, one of two Minneapolis law firms and two New York law firms that have been appointed lead counsel by a federal judge. "These companies came to us and said, 'We not only want to get out of this litigation, but we will cooperate in the case going forward.' Once these settlements are approved, we'll continue to litigate against the other defendants. We're also open to negotiate."
The Feds started their criminal investigation after the lawsuit was filed. Last week, six Japanese freight forwarders pleaded guilty to price fixing charges and agreed to pay $46.8 million in fines. According to criminal charges filed U.S. District Court in Washington, D.C., the companies conspired to fix freight-forwarding service fees -- including fuel surcharges and security fees -- charged to customers with air freight shipments from Japan to the United States from about September 2002 until at least November 2007.
Six other companies pleaded guilty to similar charges last year, according to Sharis Pozen of the Justice Department's Antitrust Division. Those companies agreed to pay $50.3 million in fines.
"Prosecuting global price-fixing conspiracies, that are harmful to the economy and consumers ... will continue to be a top priority," Pozen said.
Freight forwarders manage the domestic and international delivery of cargo for customers by packaging, preparing, documenting and warehousing cargo freight, arranging for cargo shipment through air and sea transport providers.