MSC does not believe there is a basis for a default judgment and has filed on 22 September 2022 a response to the judge’s most recent order.
By its terms, the Judge’s order concerns a discovery dispute and not the merits of the case. Swiss law prevents MSC from producing certain documents without proper authorization from the Swiss authorities. MSC is fully cooperating with the FMC and has proposed a process that will allow it to fully comply with both U.S. and Swiss law.
As to the merits of the case, it is a contractual dispute; there are no claims of collusion. MCS Industries entirely abandoned all of its unsupported claims of collusion when it amended its complaint last year. The claims that MSC did not meet its contractual obligations are likewise meritless. MSC has investigated the matter and has concluded that MCS Industries’ difficulties with its cargo bookings arose from errors and communication issues between MCS Industries and third-party intermediaries, and not from any wrongdoing by MSC. Accordingly, MSC will continue to defend this case vigorously.
MSC Mediterranean Shipping Company
MSC Mediterranean Shipping Company, headquartered in Geneva, Switzerland, is a global leader in transportation and logistics, privately owned and founded in 1970 by Gianluigi Aponte. As one of the world’s leading container shipping lines, MSC has 675 offices across 155 countries worldwide with over 150,000 employees. With access to an integrated network of road, rail and sea transport resources which stretches across the globe, the company prides itself on delivering global service with local knowledge. MSC’s shipping line sails on more than 260 trade routes, calling at over 520 ports.
For more information visit www.msc.com