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ARTICLE · 11 AUGUST 2008

BA Executives Charged With Criminal Cartel Offence

CMS Cameron McKenna Nabarro Olswang
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On 7 August 2007, four British Airways executives were charged with the criminal cartel offence found in the Enterprise Act 2002.

United KingdomAntitrust/Competition Law
Susan Hankey
Susan Hankey
David Marks
David Marks

On 7 August 2007, four British Airways executives were charged with the criminal cartel offence found in the Enterprise Act 2002. This makes it a criminal offence for individuals to participate dishonestly in a "hard core" cartel (covering activities such as price fixing, market sharing and bid-rigging).

Those found guilty of the cartel offence face up to five years' imprisonment and/or an unlimited fine. They also face possible disqualification from acting as a director of a UK company.

The charges relate to a cartel between BA and Virgin Atlantic to fix the cost of fuel surcharges for long-haul passenger flights between 2004 and 2006. The Office of Fair Trading (OFT) has already found that BA breached competition law through its involvement in this cartel and fined it £121.5 million in August 2007.

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