British Airways has been fined about £270m after it admitted
collusion in fixing the prices of fuel surcharges.
The US Department of Justice has fined it $300m (£148m) for
colluding on how much extra to charge on passenger and cargo
flights, to cover fuel costs.
It followed a decision by the UK's Office of Fair Trading to fine
BA £121.5m, after it held illegal talks with rival Virgin
Atlantic.
Surcharges were added to passenger fares in response to rising oil
prices.
Virgin has been given immunity after it reported the
collusion and is not expected to be fined, the OFT
said.
BA now faces the possibility of legal challenges by customers on
both sides of the Atlantic who believe they lost money as a result
of the collusion.
The BBC's Adam Brookes in Washington said the airline could face
multiple lawsuits for damages in the US from aggrieved
passengers.
Record fines
The OFT and the DoJ began investigating BA's price-fixing in June
2006.
However, he acknowledged that the conduct of some of the carrier's
employees had been wrong and could not be excused.
"Anti-competitive behaviour is entirely unacceptable and we condemn
it unreservedly," Mr Walsh said.
"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."
Scott Hammond of the DoJ's antitrust division said that "virtually
every American business and consumer was impacted by these
crimes".
"American companies rely on competitive shipping rates to export
their goods to foreign markets, American consumers rely on imports
for so many consumer and household goods, American families flew
these airlines on international destinations.
"In every instance American businesses and consumers ended up
paying more as a result of these crimes."
'Blatant breach'
OFT chairman Philip Collins said that the hefty fine would "send an
important message" to companies and business leaders about its
intention to enforce the law.
"This serves to remind companies of the substantial risks involved
if they are found to engage in such behaviour," he said.
Virgin Atlantic said that it had informed the OFT as soon as its
lawyers were made aware of the nature of contacts that had occurred
between individuals from the two airlines.
"We take complying with competition laws extremely seriously and
regret that contacts were made between the two companies," it
said.
"As a criminal investigation is continuing, we are unable to give
further details until the regulators publish their full
findings."
BBC business editor Robert Peston said that the collusion between
BA and Virgin Atlantic was "as blatant a breach of competition law
as it's possible to imagine".
"This was not a careless accident. The two big birds... were not
competing properly on price over an extended period: they were
giving each other comfort that they would not undercut each other
on the fuel surcharge."
He added: "Virgin won't pay a penny in fines and actually emerges
as a winner, since all the opprobrium of the rule-breach has been
heaped on BA."
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Here is a selection of comments received by the BBC News
website.
Willie Walsh states that customers were not overcharged, however,
if the surcharges were fixed between Virgin and BA and not
competitive then surely the customers must have lost out, they
would have paid over the odds. What happens to the money from the
fines? Will any customers be re-imbursed?
Andy Sharman, Peterborough
Sir Richard and the Virgin brand won over so many hearts when the
details of British Airways` 'dirty tricks' campaign came to light
in the early 90s. To me, if there were ever two businesses that
wouldn`t have colluded in such a way - it would be these. Shame on
you Virgin Atlantic.
Gareth Reid, Wellingborough, Northants
It is an outrage that Virgin are not being penalised in the same
way and to the same extent. How can we know that they had not
planned this all along, a real possibility given the history
between the firms? It takes two to collude and with only BA being
fined the message this sends is not constructive for any party or
any industry. It sets a dangerous precedent. In no way do I condone
the action taken by BA but I think that the fine is excessive - and
why are they being fined twice? I would still fly with both
companies and probably BA before Virgin.
Chris Cecil, Haddington, East Lothian
I flew BA in June 2006 to India and back. Did the price gouging
affect me? If so, then 'B' for British should be replaced with
another "B" that stands for illegitimate.
Robert Tavaris, Florida, USA
I have been flying the Atlantic for 50 years and I find the
anti-competition laws a joke. The price of a trans-Atlantic ticket
has not fallen in real terms since the IATA rules were suspended.
All that has happened is that conveniences such as no-charge trip
cancellation, free seat selection and inter-airline open-jaw
bookings have been withdrawn.
Jim Garner, Ottawa, Canada
Source: http://news.bbc.co.uk/2/hi/business/6925397.stm