Collapse of OFT's Case Against One Current and Three Former BA Executives

The Office of Fair Trading (OFT) announced on 10 May 2010 that it has dropped its criminal proceedings against one current and three former executives of British Airways (BA) following a significant collapse in the prosecution's evidence. This case was a high-profile attempt by the OFT to secure its first contested criminal prosecution under rules introduced in 2003. The withdrawal of the OFT's case could have major implications for future investigations and for the OFT's enforcement priorities.

The cartel offence: a precedent for the OFT

The case related to alleged price-fixing for fuel surcharges between 2004 and 2006 and represents the first criminal investigation carried out by the OFT in order to secure a prosecution against a not-guilty plea. The OFT's ability to bring criminal proceedings was introduced in June 2003 (the so-called cartel offence under the Enterprise Act 2002). The cartel offence, being part of the criminal law, demands a higher standard of