OFT will not withdraw Virgin immunity on fuel surcharge case
08.11.11
The OFT issued a Statement of Objections to British Airways and Virgin Atlantic in its civil law investigation into alleged collusion over passenger fuel surcharges for long-haul passenger flights to and from the UK between August 2004 and January 2006. In it the OFT said that it would not withdraw Virgin's immunity from prosecution.
Issuing a Statement of Objections is a necessary procedural step before the OFT can issue a final decision. The Statement of Objections outlines the OFT's proposed decision and invites the parties to make representations.
BA reached an early resolution agreement with the OFT, which was announced in August 2007. Virgin was granted conditional immunity under the OFT's leniency policy in 2006, having brought the matter to the OFT's attention.
Virgin's immunity was reviewed after the collapse of criminal proceedings against four current and former BA executives for the cartel offence under the Enterprise Act 2002. However, the OFT has decided that the airline's conduct did not amount to non co-operation such as to warrant the revocation of Virgin Atlantic's immunity. The OFT will publish the reasons for this decision in due course.
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