The airline admitted that from August 2004 to January 2006, it colluded on at least six occasions with Virgin Atlantic over the surcharges. During that period, surcharges rose from '5 ($10.16) to '60 ($121.99) per ticket for a typical long-haul return flight.
Virgin, having blown the whistle, is not expected to face any fines as it had full immunity under OFT’s leniency policy.
“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 behavior,” said OFT Chairman Philip Collins.
OFT is still conducting a criminal investigation into whether any individuals dishonestly fixed the levels of the surcharges, and said no conclusions have been reached as to whether criminal proceedings against individuals can or should be brought.
In October 2006 two British Airways executives, Martin George, commercial director, and Iain Burns, head of communications, quit the company after being on leave of absence since June when the investigations started.
The airline later said it has set aside '350 million ($711.6 million) to cover the potential fines and legal costs. The company was facing a fine of up to 10 percent of its global revenue, which amounted to '8.5 billion ($17.3 billion) in its last fiscal year. The fine doled out by the OFT represents slightly more than 1 percent of its turnover.
British Airways Chief Executive Willie Walsh said: “I want to reassure our passengers that they were not overcharged. Fuel surcharges are a legitimate way of recovering costs.
“However this does not in any way excuse the anticompetitive conduct by a very limited number of individuals within British Airways. Anticompetitive behavior 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.”
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The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now