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Commonly Asked Questions

What is the Notice about?

The Notice is to inform you about a Settlement with All Nippon Airways Company, Limited (“ANA”) that may affect your rights, before the Court decides whether to approve the Settlement. If you are included in any of the Settlement Class(es), you have legal rights and options that you may exercise.

The United States District Court for the Northern District of California presides over this case. The case is called In re Transpacific Passenger Air Transportation Antitrust Litigation, MDL No. 1913. The people that sued are called Plaintiffs, and the companies they sued are called the Defendants.

What are the lawsuits about?

The original lawsuit claimed that thirteen Defendants agreed to fix the prices of airline tickets for travel between the United States and Asia/Oceania. As a result, ticket purchasers may have paid more than was necessary. The Defendants in that lawsuit are: ANA; Air New Zealand Limited; China Airlines, Ltd.; EVA Airways Corporation; Philippine Airlines, Inc.; Cathay Pacific Airways Limited; Japan Airlines International Company, Ltd. (“JAL”); Malaysian Airline System Berhad; Qantas Airways Limited; Singapore Airlines Limited; Societe Air France; Thai Airways International Public Co., Ltd.; and Vietnam Airlines Company Limited.

The lawsuit also claims that ANA and JAL agreed to fix the prices of airline tickets and/or fuel surcharges for travel between the United States and Japan. The lawsuit claims that ANA and JAL agreed to institute and raise fuel surcharges on airline tickets between February 1, 2005 and December 31, 2007, and to fix the prices of airline tickets on certain fares called Satogaeri or "homecoming" fares, which are discount fares marketed to Japanese people living in the U.S. for travel to Japan between January 1, 2000 and April 1, 2006. As a result, ticket purchasers may have paid more than was necessary.

ANA has pled guilty to fixing the prices of certain discounted tickets for transpacific air transportation sold in the United States from at least as early as April 1, 2000 until at least April 1, 2004. This guilty plea does not apply to the fuel surcharge claims alleged in this case.

Please note that settlements involving transpacific air travel were previously reached in 2015 with eight of the Defendants (including JAL) and 2018 with four of the Defendants. These earlier settlements total $89,402,000.

What is a class action?

In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class. In this case, there are several classes described in the settlement agreements.

How do I know if I am included in the classes?

There are three separate Classes included in the Settlement: the Japan Class, the Satogaeri Class, and the Settlement Class III:

Japan Settlement Class:

All persons and entities that directly purchased tickets for passenger air transportation from JAL or ANA, or any predecessor, subsidiary or affiliate thereof, that originated in the United States and included at least one flight segment from the United States to Japan between the period beginning February 1, 2005 and ending December 31, 2007. Excluded from the Japan Class are any tickets that did not include a fuel surcharge. Excluded from the Japan Class are any antitrust immunized fares agreed upon at International Air Transport Association ‘Tariff Coordinating Conferences.’ Excluded from the Japan Class are tickets exclusively acquired through award or reward travel or any tickets acquired for infant travel with a 90% discount. Also excluded from the Japan Class are purchases by government entities, Defendants, any parent subsidiary or affiliate thereof, and Defendants’ or any other commercial airline’s officers, directors, employees, agents, and immediate families.

Satogaeri Settlement Class:

All persons and entities that directly purchased Satogaeri fares from JAL or ANA or any predecessor, subsidiary or affiliate thereof, that originated in the United States and included at least one flight segment to Japan and does not include travel to countries other than the United States and Japan between the period beginning January 1, 2000 and ending April 1, 2006. Excluded from the Satogaeri Class are purchases by government entities, Defendants, any parent subsidiary or affiliate thereof, and Defendants’ officers, directors, employees and immediate families. Also excluded are purchases of Satogaeri Special fares and maerui Satogaeri fares.

Settlement Class III:

All persons and entities that purchased passenger air transportation originating in the United States that included at least one flight segment to Asia or Oceania, from or on any of the Defendants, or any predecessor, subsidiary, or affiliate thereof, at any time between January 1, 2000 and December 1, 2016. Excluded from the class are governmental entities, Defendants, former Defendants in the Action, any parent, subsidiary or affiliate thereof, and Defendants' officers, directors, employees and immediate families.

The three Settlement Classes are not mutually exclusive. All members of both the Satogaeri Settlement Class and the Japan Settlement Class are members of Settlement Class III.

Are travel agents included in the Classes?

No. Travel agents are not included in the Classes simply by virtue of being travel agents. Travel agents are only included in the Classes if they personally purchased tickets included in the three Classes for their own use. The Court has expressed a desire that travel agents take whatever reasonable steps necessary to inform their customers about the Settlement.

Who are the Defendants?

All Nippon Airways Company, Limited (“ANA”), Air New Zealand Limited (“ANZ”), China Airlines, Ltd. (“China Airlines”), EVA Airways Corporation (“EVA”), Philippine Airlines, Inc. (“PAL”), Cathay Pacific Airlines Limited, Japan Airlines International Company, Ltd. (“JAL”), Malaysian Airline System Berhad, Qantas Airways Limited, Singapore Airlines Limited, Societe Air France, Thai Airways International Public Co., Ltd., and Vietnam Airlines Company Limited.

What do the Settlements provide?

This ANA Settlement will provide $58,000,000 to be distributed in a Settlement Fund. A portion of the Settlement Fund will be used to pay the costs of class notice and administration and attorneys’ fees and costs. It is possible that any money left after paying Class Members that is economically infeasible to distribute will be donated to charities approved by the Court. More details are in the Settlement Agreement, available on this website under Court Documents.

The amount of money that will be available for distribution to each Class is as follows (1) $39,440,752.50 will be allocated for distribution to the Japan Settlement Class; (2) $11,059,247.50 will be allocated for distribution to the Satogaeri Settlement Class; and (3) $7,500,000.00 will be available for distribution to Settlement Class III.

The Court has already approved twelve settlements totaling $89,402,000. Each Defendant airline's contribution to the settlement fund is:

Defendant Contribution
Air France $867,000
Cathay Pacific Airways $7,500,000
Japan Airlines $10,000,000
Malaysian Airline $950,000
Thai Airways $9,700,000
Vietnam Airlines $735,000
Qantas $550,000
Singapore Airlines $9,200,000
ANZ $400,000
China Airlines $19,500,000
EVA $21,000,000
PAL $9,000,000
Total $89,402,000

How much money will I receive?

At this time, it is unknown how much each eligible member of the classes will receive. In order to receive a payment, you will need to file a valid claim form. To save time and money, payments will be made at the conclusion of the case.

Pursuant to the proposed plan of allocation, eligible claims will receive a pro rata share of the applicable settlement funds for each class in which the claim(s) qualify. However, based on the claims that have already been filed, it is estimated that the average payment of prior settlements in this matter, which had classes similar to Settlement Class III, could be in the range of $5 per eligible ticket claimed. Because there is no prior claim history for the Satogaeri and Japan Classes, a per ticket estimate is not possible for those classes. The claims administrator received a large number of claims just before a claims deadline concerning an earlier round of settlements, and these claims have not yet been subjected to audit. As a result, the number of claimed tickets that are determined to be eligible may be reduced, and the corresponding amount of compensation to be allocated among the remaining eligible claims may increase. These Settlement Classes are not releasing claims for Asia/Oceania originating travel as part of the Settlement Agreement.

How do I get benefits?

You must complete and submit a Claim Form online here or mail a paper Claim Form in order to share in the Settlement. Even if you filed a claim in the previous settlements you will need to provide a supplemental Claim Form (available on this website here) to allow the claims administrator to determine your eligibility to participate in the Satogaeri Class and the Japan Class. Additionally, there is a longer class period concerning Settlement Class III than there was for some of the earlier settlement classes. You will need to supplement your earlier Claim Form with information concerning flights that were not previously disclosed on your prior Claim Form if you want them considered for money from the Settlement Class III fund. The earliest deadline to submit a Claim Form is February 15, 2020, but you will have until 120 days after the Settlement become final and effective to file your claim. For additional information regarding completing a Claim Form call 1-800-439-1781.

When will I get benefits?

Settlement Class Members who are entitled to payments will receive their payments after the Court grants final approval to the Settlement and after any appeals are resolved (see “The Fairness Hearing” section). If there are appeals, resolving them can take time. To save time and money, payments will be made at the conclusion of the case. Please be patient.

What am I giving up if I stay in the classes?

If you do nothing, you will automatically remain in the Classes. You will be legally bound by all Court orders, which means you won’t be able to separately sue, or continue to sue, ANA about the legal claims in this case. If you exclude yourself, you won’t get any money from future distributions to the Classes.

In return for paying the Settlement amount, ANA will be released for certain claims relating to the facts underlying the lawsuit. The Settlement Agreement describes the release, so read it carefully. If you have any questions, you can talk to Class Counsel for free or you can talk to your own lawyer if you have questions about what this means. The Settlement Agreement and the specific release are available on this website under Court Documents.

How do I get out of the classes?

If you decide not to participate in the Settlement, you must exclude yourself from these Class(es). If you exclude yourself, you will not receive any benefits that may result from this Settlement. You will not be bound by any Court orders and you keep your right to sue ANA on your own regarding the issues in this case.

To exclude yourself from one or more of the classes, you must send a letter (a “Request for Exclusion”) by mail. It must include:

  • Your name, address, and telephone number;
  • A statement that you want to be excluded from the Japan Class, Satogaeri Class, and/or Settlement Class III, and indicate you are excluding yourself from the ANA Settlement (e.g., “I/we hereby request that I/we be excluded from the proposed Japan Settlement Class/proposed Satogaeri Class/proposed Settlement Class III in the In re Transpacific Passenger Air Transportation Antitrust Litigation.”); and
  • Your signature.

Your Request for Exclusion must be postmarked no later than September 13, 2019, to:

Transpacific Air Settlement Exclusions

P.O. Box 2209

Faribault, MN 55021-1609

If I don’t exclude myself, can I sue for the same thing later?

No. Unless you exclude yourself, you will remain in the Settlement and give up any right to separately sue ANA.

If I exclude myself, can I still get benefits?

No. If you exclude yourself from the Class(es), you will not be eligible for payments from the Settlement.

How do I object to or comment on the Settlement?

If you have objections to any aspect of the Settlement, you may express your views to the Court by writing to the address below. It must include your:

  • Name, address, and telephone number;
  • The case name and number (In re: Transpacific Passenger Air Transportation Antitrust Litigation, N.D. Cal. Case No. 3:07-cv-05634-CRB);
  • Proof of membership in at least one Settlement Class;
  • Notice of whether you intend to appear at the Fairness Hearing;
  • The name, address, and telephone number of any lawyer assisting you;
  • Specific details surrounding your objection; and
  • Your signature.

You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney

Any comment or objection must be postmarked no later than September 13, 2019 and mailed to the Court’s address below:

Clerk’s Office

United States District Court for the

District of Northern California

450 Golden Gate Avenue

San Francisco, CA 94102

You can also file your objection in person at any location of the United States District Court for the Northern District of California.

What is the difference between excluding myself from the Classes and objecting to the Settlement?

If you exclude yourself from the Class(es), you are telling the Court that you don’t want to participate in the Settlement. Therefore, you will not be eligible to receive any benefits from the Settlement, and you will not be able to object to the Settlement. Objecting to the Settlement simply means telling the Court that you don’t like something about the Settlement. Objecting does not disqualify you from making a claim nor does it make you ineligible to receive a payment.

Do I have a lawyer representing me?

The Court has appointed the following law firms as Class Counsel to represent you and all other members of the Classes:

Cotchett, Pitre & McCarthy LLP

San Francisco Airport Office Center

840 Malcolm Road, Suite 200

Burlingame, CA 94010

Hausfeld, LLP

44 Montgomery Street

Suite 3200

San Francisco, CA 94104

If you have any questions about the Settlement, you can talk to Class Counsel, or you can retain your own lawyer at your own expense.

How will the lawyers be paid?

You do not need to separately pay Class Counsel. Class Counsel will request a fee award in connection with the final approval of the Settlement. With respect to the Settlement Agreement described in the Notice, Class Counsel’s fee request will not exceed one-third of the Settlement amount. Class Counsel will also seek reimbursement of reasonable litigation expenses. Class Counsel will seek no more than $1.7 million unreimbursed litigation expenses, but that amount may increase if additional expenses are incurred between now and the finalizing of this Settlement and distribution of the settlement fund. The final amounts in attorneys’ fees and costs sought from the Settlement Fund will be outlined in Plaintiffs’ Motion for Attorneys’ Fees and Reimbursement of Reasonable Litigation expenses, which will be filed with the Court and posted on the this website under Court Documents no later than 35 days prior to the objection deadline.

When and where will the Fairness Hearing take place?

The Court will hold a Fairness Hearing on November 15, 2019 at 8:30 a.m., at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, Courtroom 6, 17th Floor. The hearing may be moved to a different date or time without additional notice. Please check this website or call 1-800-439-1781 to be kept up-to-date on the date, time, and location of the Fairness Hearing. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time. After the hearing, the Court will decide whether to grant final approval to the Settlement. We do not know how long these decisions will take.

Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also retain a lawyer to appear on your behalf at your own expense.

May I speak at the hearing?

If you send an objection or comment on the Settlement as described above on this website, you will have the right to speak at the Fairness Hearing.

Where can I get more information?

The Notice summarizes the Settlement. To get more information, including the precise terms and conditions of the Settlement, please see the Settlement Agreement on this website’s Court Documents page, by calling 1-800-439-1781, or by writing to: Transpacific Air Settlement, P.O. Box 2209, Faribault, MN 55021-1609, USA.

You can also get more information about the Settlement by contacting Class Counsel:

Cotchett, Pitre & McCarthy LLP Hausfeld, LLP
San Francisco Airport Office Center 600 Montgomery Street
840 Malcolm Road, Suite 200 Suite 3200
Burlingame, CA 94010 San Francisco, CA 94111

You can also get copies of the official Court file by accessing the Court docket in this case for a fee:

  • Through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or
  • By visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
What is the definition of a flight segment?

A flight segment is defined as a flight bounded by one take off and one landing. Flight segments falling within the class definitions involve travel originating in the United States that included at least one flight segment to Asia or Oceania.

Is a flight segment originating in a United States territory, such as Guam, eligible?

Yes.

What is the definition of a Purchaser?

A purchaser is defined by who was ultimately harmed by the alleged price fixing scheme. That is, anyone who paid out-of-pocket for the ticket. The person who pays for a ticket is the purchaser.

If my flight was originating in the United States and I had a layover in Asia, or Oceania, is that considered an eligible flight?

Yes.

If my flight itinerary included Canada as a starting point and Asia or Oceania as the destination with a layover in the United States, is that considered an eligible flight?

Yes, this itinerary includes a qualifying segment because the transpacific travel started in the United States.

How should I claim a round trip ticket vs a one way ticket on the claim form?

A round trip ticket (where the outbound and inbound legs of travel were purchased as part of the same itinerary) should be counted as one ticket. Each One way ticket for travel originating in the United should be counted as a separate ticket.

Do I need to submit proof of purchase?

You are not required to provide proof of purchases at the time of filing a Claim. However you may be asked for it in the future. The settlement administrator will conduct audits after the deadline for filing claims has passed.

If I was the actual passenger but the ticket was purchased by someone else, who should fill out the Claim Form?

The Claim Form should be filled out with the name and information of the person who paid for the ticket, as they were the ones affected by the alleged conspiracy by Defendants. Proof may be required later, but is not being requested at this time. The settlement administrator will conduct audits after the deadline for filing claims has passed.

Were tickets purchased with Frequent Flyer and/or Credit Card miles considered part of this Settlement?

No, tickets purchased with Frequent Flyer and/or Credit Card miles are not part of this case.

How can I change my purchase information? I submitted a Claim Form online.

Please send an email to info@airlinesettlement.com that references your Claim Number, name, address and corrected/amended claim amount.

Can travel agencies file a claim?

If the agency purchased the ticket in its name (or the name of one of its employees for their own use) and was not otherwise reimbursed for the purchase, then it may make a claim for those tickets. Travel agents that acted in their capacity as a travel agent, meaning as an intermediary between a client and an airline, may not submit a claim for those tickets.

If I purchased my flight on Virgin Australia, can I file a claim under Virgin Atlantic Airlines?

No, Virgin Australia is not a defendant or co-conspirator in this case.

Disclaimer

Please do not contact either the Defendants or Co-Conspirators or the Court with questions about the Settlements. Any and all callers will be directed to this website. If you have questions, please refer to the Commonly Asked Questions and the other information posted here or contact the Settlement Administrator by writing to Transpacific Air Settlement, PO Box 2209, Faribault MN 55021-1609 USA.


This site is not operated by the Defendants or Co-Conspirators. The class actions are supervised by the Court and are administered by an administration firm that handles all aspects of claims processing. The Defendants or Co-Conspirators are not authorized to respond to questions from members of the Settlement Classes regarding the Settlements.

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