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US judge upholds BA's $300m fine US judge upholds BA's $300m fine
(about 2 hours later)
A US judge has upheld a $300m (£150m) fine against British Airways (BA) for price fixing after a guilty plea.A US judge has upheld a $300m (£150m) fine against British Airways (BA) for price fixing after a guilty plea.
The case was heard by a judge in Washington, who had to formally approve the fine which was recommended in July by the Department of Justice.The case was heard by a judge in Washington, who had to formally approve the fine which was recommended in July by the Department of Justice.
BA now faces the likelihood of a class action lawsuit by thousands of US customers who were overcharged.BA now faces the likelihood of a class action lawsuit by thousands of US customers who were overcharged.
The airline had tried to fix the price of fuel surcharges on US flights in collusion with Virgin Atlantic.The airline had tried to fix the price of fuel surcharges on US flights in collusion with Virgin Atlantic.
Joint investigationsJoint investigations
BA could have faced a US fine of up to $900m, but the Department of Justice credited it for co-operating with the inquiry. "As I have previously stated, any anti-competitive behaviour is to be condemned at British Airways or at other companies," said BA chief executive Willie Walsh after the judge's verdict.
Anti-competitive behaviour is entirely unacceptable and we condemn it unreservedly Willie Walsh, BA chief executive Q&A: BA price fixingAnti-competitive behaviour is entirely unacceptable and we condemn it unreservedly Willie Walsh, BA chief executive Q&A: BA price fixing
"It will not be tolerated and we remain vigilant in this respect."
BA could have faced a US fine of up to $900m, but the Department of Justice credited it for co-operating with the inquiry.
The American fine followed a detailed investigation on both sides of the Atlantic.The American fine followed a detailed investigation on both sides of the Atlantic.
Investigations in the UK were led by the Office of Fair Trading (OFT), which has already fined BA £121.5m.Investigations in the UK were led by the Office of Fair Trading (OFT), which has already fined BA £121.5m.
As rival Virgin Atlantic tipped off the OFT about the price-fixing scandal, it was granted immunity.As rival Virgin Atlantic tipped off the OFT about the price-fixing scandal, it was granted immunity.
It was the first time that the UK and the US have simultaneously brought action against a company.It was the first time that the UK and the US have simultaneously brought action against a company.
Key departures
BA had colluded with Virgin Atlantic on at least six occasions between August 2004 and January 2006, the OFT found.BA had colluded with Virgin Atlantic on at least six occasions between August 2004 and January 2006, the OFT found.
During that time, fuel surcharges rose from £5 to £60 per ticket.During that time, fuel surcharges rose from £5 to £60 per ticket.
BA's chief executive Willie Walsh has insisted that passengers had not been overcharged because fuel surcharges were "a legitimate way of recovering costs".BA's chief executive Willie Walsh has insisted that passengers had not been overcharged because fuel surcharges were "a legitimate way of recovering costs".
However, he has 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 earlier this month.
In October 2006, BA's commercial director, Martin George, and communications chief, Iain Burns - who had been on leave of absence since the inquiry into the surcharges began - quit the company.In October 2006, BA's commercial director, Martin George, and communications chief, Iain Burns - who had been on leave of absence since the inquiry into the surcharges began - quit the company.