Following its groundbreaking £73.5m settlement (Settlement) in February this year on behalf of UK air passengers in the price-fixing litigation brought against British Airways (BA) and Virgin Atlantic (Virgin), the Claimants’ co-lead counsel (lawyers) Cohen, Milstein, Hausfeld & Toll has now secured approval by a US Federal Court for an historic advertising campaign designed to inform UK businesses and individuals – amounting to some 5.6 million passengers - of their rights to claim refunds.

The advertising campaign, which will be funded by both BA and Virgin in addition to the £73.5m settlement monies, has been sanctioned by the US District Court for the Northern District of California as part of its preliminary approval of the Settlement. During the period 1 to 14 July 2008 advertisements will be placed in UK national newspapers, weekly and monthly magazines, and travel booking websites such Expedia and lastminute.com. BA and Virgin have also agreed to publish the advertisements, which will inform claimants of their entitlement to claim refunds and how to process them, in their in flight publications High Life and Seatback.

Additionally, on 14 July claim forms are being sent directly to those businesses and individuals whose contact details have either been provided by BA and Virgin or who have registered to make a claim. From the same date businesses and individuals will be able to make a claim on-line at the www.airpassengerrefund.co.uk website and businesses will be able to call 0800 043 0343 for assistance.

Cohen Milstein partner Anthony Maton comments:

“Since we announced this settlement in February the www.airpassengerrefund.co.uk website has received over 1,200 registrations from businesses ranging from SMEs to blue chip firms as well as 100,000 registrations from individuals. However, in granting its approval the US Federal Court has taken into account the fact that UK businesses and consumers are unlikely to have previously come across a settlement of this type. Accordingly, it has therefore sanctioned a robust, multi-pronged notification programme designed to deliver plain and easy to understand information about the Settlement. The programme is estimated to reach almost 90% of those passengers who are entitled to make a claim.

“This is an unprecedented development for UK businesses and consumers and a clear demonstration of the importance that the US Court has placed on ensuring that both business and consumers understand their rights under the settlement and can claim with minimal cost and input if they wish to do so”.

“Cohen Milstein will continue to seek to achieve restitution for UK businesses and consumers who have suffered as a result of cartel activity, whilst at the same time supporting the proposed reform of the current UK system so that businesses and consumers are able to more economically and efficiently bring such cases through local courts. In this respect we look forward to seeing the Government’s response to the Office of Fair Trading’s recent recommendations encouraging private actions in competition law.”

For further information and to register claims please either call free phone number 0800 043 0343 or access www.airpassengerrefund.co.uk.

2 July 2008