Astar asks DOT to toss latest challenge
Astar Air Cargo Inc. urged the Department of Transportation to throw out a request by rivals FedEx Corp. and United Parcel Service to review a ruling that found Astar is owned and controlled by U.S. citizens.
In a filing, Miami-based Astar accused FedEx and UPS, which carry nearly 75 percent of U.S. air and ground shipments, of “sour grapes.” Astar said the department” should let the parties compete in the marketplace” and reject moves by FedEx and UPS to reopen the case.
The December ruling by Burton Kolko, an administrative law judge at the Transportation Department, was a major victory for Astar and Deutsche Post AG, which supplies most of Astar’s shipments in the U.S. Judge Kolko rejected claims by FedEx and UPS that Deutsche Post controls Astar in violation of U.S. law.
Astar had been expected to urge the department to let Judge Kolko’s ruling stand. The airline said FedEx and UPS presented no justifiable reason to scrutinize the judge’s handling of the case, which included more than 30,000 pages of documents turned over by Astar. FedEx and UPS claim Judge Kolko made a series of errors.
