The High Court has allowed British Airways' (BA) application to strike out the representative element of a class action brought by Emerald Supplies Ltd (Emerald), a cut flower importer. Emerald has alleged that BA breached UK and EU competition law by entering agreements and concerted practices with rival airlines (including, Qantas, Air France, Cathay Pacific and Lufthansa) to fix the prices of fuel, customs and other surcharges. Emerald claimed damages on their own behalf, and on behalf of those who directly or indirectly purchased air freight services from any of the relevant parties during the period of the breach. The High Court struck out the representative element of the claim on the basis that: (i) members of the class will only be identifiable if the action is successful rather than when the action is brought; and (ii) not all members of the class would benefit equally from the action because some will have absorbed the inflated prices charged by the airlines whilst others would have passed the prices on to purchasers. The European Commission is separately investigating BA and other airlines for alleged infringement of competition law in this sector but has not yet published a decision.