01/08/2007

BA Price-Fixing Fine Rises To £270m

The amount that British Airways has been fined for price-fixing on fuel surcharges for long-haul flights has risen to almost £270 million.

The US Department of Justice fined the airline almost $300 million (£148 million) which will be added to the £121.5 million fine handed to the company by the UK's Office of Fair Trading.

The fines relate to BA's collusion with Virgin Atlantic on fuel surcharges between August 2004 and January 2006. During that time, fuel surcharges on long-haul BA or Virgin Atlantic flights rose from £5 to £60.

BA admitted to the collusion and revealed in May that it had set aside £350 million to cover the cost of fines and legal action.

Virgin Atlantic was granted immunity after reporting the collusion and is not expected to pay a penalty.

The OFT and DOJ launched their investigation into the allegations last June. The fine brings the civil case against BA to an end, but a criminal investigation will continue into the conduct of individuals in the case. No conclusions have as yet been reached as to whether criminal proceedings against individuals can or should be brought.

BA's Chief Executive Willie Walsh said that passengers had not been overcharged, saying that fuel surcharges were "a legitimate way of recovering costs".

However, Mr Walsh also said that this did not excuse the behaviour of some of "a very limited number" of the airline's employees over the matter. He said: "Anti-competitive behaviour is entirely unacceptable and we condemn it unreservedly.

"We have a long standing competition compliance policy which requires all staff to comply with the law at all times. I am satisfied that we have the right controls in place. However, it is deeply regrettable that some individuals ignored our policy."

Philip Collins, OFT chairman, said: "This case, and the substantial penalty imposed, will send an important message to corporate boards and business leaders about our intention to enforce the law, and serves to remind companies of the substantial risks involved if they are found to engage in such behaviour."

(KMcA/SP)

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