UPDATE: EU Court Revises and Partially Annuls Decision for Breaches of Air Freight Competition Rules

March 31, 2022

· The partial annulment of the decision confirms SAS' view that the initial decision was incorrect. This implies that SAS has been upheld on a significant part of the points. However the ruling has limited financial effects.· SAS has not yet reviewed the judgment in detail. SAS will now thoroughly review the judgment in order to determine further actions.

EU General Court has on March 30, partially annulled the European Commission decision.

In 2015 the EU General Court annulled the European Commission's previous decision from 2010. On 17 March 2017 the European Commission re-adopted its decision and fined SAS Cargo and the SAS Group, alongside 11 other airlines for participating in a global cartel in the air cargo sector. SAS was fined MEUR 70.2 but appealed the decision in May 2017 to the European Court of first instance, the General Court. Today, the General Court has partially annulled the European Commission's second Decision, including part of the fine of EUR 70.2 million from May 2017, which then was paid.

SAS will now review the judgment to determine any further actions and does not exclude lodging a further appeal with the highest EU Court, the Court of Justice of the European Union. SAS will continue to contest its liability in the civil lawsuits that are largely based on the now partially annulled decision.

SAS remains fully committed to compliance and continues to do everything in its power to avoid breaching antitrust regulations. SAS has implemented clear regulations, comprehensive information, training programs for all employees and audits, and continuously focuses on this issue at the management and Board level.