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By Daniel Baxter |
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September 04, 2010
- Polar Air Cargo LLC (“Polar LLC”) confirmed that it has reached
an agreement with the U.S. Department of Justice (“DOJ”) Antitrust
Division to resolve a previously disclosed investigation of alleged
manipulation by cargo carriers of fuel surcharges and other rate
components for air cargo services.
The agreement is with Polar LLC, a wholly owned subsidiary of Atlas Air Worldwide Holdings, Inc. (“AAWW”), not to be confused with Polar Air Cargo Worldwide, Inc., AAWW’s majority owned operating subsidiary, which is not implicated.
The amount of the
fine is $17.4 million, payable in installments over five years. The
agreement is related to shipments from the |
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William J. Flynn,
President and Chief Executive Officer of AAWW, commented: "We are glad
to put this matter behind us. It is important to note that it involves
conduct that began in 2000, almost two years before Polar LLC was
acquired by AAWW -- with final DOT approval of such Polar LLC
acquisition not being granted until late May 2002. The matter occurred
before Polar LLC’s emergence from bankruptcy in July 2004 and relates to
a period more than seven years ago. It is also important to note that
none of Atlas Air, Inc., Polar Air Cargo Worldwide, or any of AAWW's
current board or senior management were involved in or are implicated in
this investigation."
Mr. Flynn
continued: “We have cooperated fully with the DOJ throughout the
investigation. Our board of directors and management take our obligation
to abide by all applicable laws, including laws regarding competitive
conduct, very seriously. We are continually reviewing our competition
compliance rules and enhancing our training programs, which call for all
of our staff to comply fully with such requirements at all times, since
we are committed to the highest standards of ethics and corporate
governance.”
The plea agreement
executed by Polar LLC is not expected to adversely impact any of AAWW’s
other operations, which are conducted principally by two operating
subsidiaries, Atlas Air, Inc. and Polar Air Cargo Worldwide, Inc., or
other related investigations or litigation. In the second quarter of
2010, AAWW recorded an expense for the full amount of the fine in
anticipation of Polar LLC’s reaching an agreement with the DOJ and court
approval. The agreement is subject to approval and acceptance by the
United States District Court for the |