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Cohen Milstein gets go-ahead for Virgin class action battle

Author: claire.ruckin@legalweek.com

Published: 20/09/2007 02:09

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US litigation specialist Cohen Milstein Hausfeld & Toll has been given the green light to pursue its class action against Virgin.

The news comes after Virgin last week (14 September) filed a stipulation in the US courts officially admitting its involvement in an alleged price-fixing scandal over fuel surcharges. The issue has already seen rival group British Airways (BA) fined £270m by competition authorities.

Cohen Milstein, which had already announced its intention to bring a civil action against the airline, is now formally able to launch the class action. The airline was initially protected from payouts when it gained immunity from the US Government after alerting regulators to anti-competitive practices.

Cohen Milstein name partner Michael Hausfeld and antitrust partner Charles Tompkins are leading the team for claimants involved in the class action.

Hausfeld commented: “We hope to accelerate the proceedings against Virgin and BA by using this admission as a basis upon what price prevailed in the market as a result of the illegal agreements.”

Herbert Smith competition head Jonathan Scott and competition partner James Quinney are advising longstanding client Virgin, with Simpson Thacher & Bartlett litigation partner David Vann acting as US counsel.

Clifford Chance London head of European competition Alex Nourry commented: “There has been a pincer movement across the globe where countries are gradually adopting similar legislation with regard to cartels.”

He added: “The stakes have been going up and up against cartelists through a combination of higher costs and criminal sanctions.”

One London litigation partner added: “Virgin got the best leniency deal it could have got, but that will not shield it from class actions in the US, which I think are likely to be brought. Whether they have any merit remains to be seen.”

Cohen Milstein’s role acting against Virgin comes less than six months after the US firm launched in the UK. At the beginning of the summer the office announced it was drumming up European interest in US class actions against the airlines BA and Lufthansa on the same issue of price-fixing.

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