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http://english.aljazeera.net/NR/exeres/5BD1B1A4-6F1F-409F-AA45-BECCF2E031B9.htm


BA hit with 'largest-ever' fine*


British Airways has been fined almost $550 million after the airline
admitted colluding with rival Virgin Atlantic over fuel surcharges on
long-haul flights.

BA was fined £121.5 million ($246 million) by Britain's Office of Fair
Trading and $300 million by the US department of justice after
trans-Atlantic investigations.


The US Justice Department also levied a $300 million fine on Korean Air
Lines Co. Ltd. for colluding with competitors to fix fuel surcharges on
cargo shipments to the US, and fixing some passenger fares from the US to
Korea.

It said both airlines had agreed to plead guilty to price fixing.


In addition to the fuel surcharge fixing, US officials said BA and Korean
Air Lines were involved in a conspiracy with German carrier Lufthansa AG to
fix charges for international cargo shipments.

Virgin and Lufthansa let off

The US justice department said Virgin and Lufthansa would not face sanctions
because they had come forward to the authorities.

General William Mercer, acting associate attorney, said: "When British
Airways, Korean Air and their co-conspirators got together and agreed to
raise prices for passenger and air cargo fares, American consumers and
businesses ended up picking up the tab for their illegal conduct."

BA said it accepted the penalties. In May, it set aside £350 million (US$710
million) to pay for any possible fines as a result of the investigations.

BA admitted that between August 2004 and January 2006 it colluded with
Virgin Atlantic over the surcharges, which were added to fares in response
to rising oil prices.

Under the UK office of fair trading's (OFT) leniency policy, Virgin Atlantic
is not expected to face a fine because it reported the alleged misconduct to
authorities.

In a statement, Virgin said it had informed regulators "as soon as our legal
team was made aware of the nature of contacts that had occurred between some
individuals at British Airways and Virgin Atlantic."

Deborah Jones, deputy director of cartel investigation at the OFT, said it
was fair to treat Virgin differently because it had come forward first. She
said that did not mean Virgin was getting off scot-free.

"Virgin are still facing the censure, the publicity that they have engaged
in this behavior," she said. "They are not immune from customers who may
seek some form of compensation."

BA defence

Willie Walsh, BA's chief executive, said passengers had not been
overcharged, but acknowledged that a "limited number of individuals" in the
company had broken competition rules.

"Anticompetitive behavior is entirely unacceptable and we condemn it
unreservedly," he said.

Authorities in the UK and US have been investigating allegations of
price-fixing on fuel surcharges since June 2006.

Over that time, fuel surcharges rose from about £5 (US$10) to about £60
(US$120) per ticket for a round-trip long-haul flight on BA or Virgin.

Martin George, BA's commercial director and Iain Burns, BA's head of
communications resigned shortly after the inquiry began.

Philip Collins, the OFT Chairman said the fine - the largest ever imposed by
Britain's competition watchdog - "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."

The office found that BA and Virgin discussed proposed fuel surcharges on at
least six occasions over the year and a half to January 2006. Soon after
that, Virgin went to the authorities.


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