Price Fixing Nets BA Record Fine
By Marc Jones, Reuters | Aug. 02, 2007
British Airways revealed the biggest fine in its history on August 1 as it reached settlements with the US and UK authorities for price fixing that could cost it up to 350 million pounds (HK$5.565 billion).
Europe's third-largest airline said it has agreed to pay a fine of 121.5 million pounds in the United Kingdom and expected US authorities to announce a separate fine later in the day.
Archrival Virgin Atlantic Airways blew the whistle on BA after individuals at the two carriers discussed proposed changes to fuel surcharges for long-haul flights.
Virgin won immunity by taking the matter to the United Kingdom's Office of Fair Trading.
"This resolves the OFT's and the DOJ's [US Department of Justice] investigation of British Airways," BA said in a statement to the London Stock Exchange.
The fine, the biggest imposed on BA for any regulatory breach anywhere, would have been higher if the airline had not admitted wrongdoing.
"Had BA not made admissions and cooperated from the outset, they would have been fined many millions of pounds more ... tens of millions of pounds," said OFT director of cartel operations Simon Williams.
"This is the largest civil fine ever imposed by the OFT," he said, adding that he hoped it would serve as a deterrent and encourage businesses to come forward with information before their rivals do. "Businesses up and down Britain have to ask themselves some very hard questions."
Two senior BA executives quit last October after being linked to the investigation and in May, BA set aside 350 million pounds as a provision for possible fines.
BA said it expected that provision to cover the fines and any impact from a separate, widespread probe of the airline industry regarding cargo fuel surcharges which also involve authorities in Europe, Canada, Australia, South Africa and New Zealand.
Analysts said the UK fine was in line with expectations, given the provision already taken and noted BA could have fared far worse.
"The fine is less than the maximum 10 percent of revenue [850 million pounds] that could have been imposed," said Citigroup analyst Andrew Light in a research note which carried a 580 pence target price for BA and a "Buy/High Risk" investment rating.
"This news is already fully priced in," he said.
BA's price fixing related to surcharge increases which occurred from 2004 until 2006.
Fuel surcharges soared from 5 to 60 per ticket on typical BA or Virgin long return flights during the period, but BA chief executive Willie Walsh defended these rises, which came as crude oil prices surged.
The OFT and DOJ are continuing criminal investigations into the conduct of individuals involved.