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Press releases 2010 -

OFT statement regarding criminal proceedings against current and former BA executives

airplane

48/10    11 May 2010

Further to its statement on 10 May regarding the withdrawal of criminal proceedings against four current and former British Airways executives for price-fixing, the OFT has made the following statement.

The OFT repeats its assertions made in court throughout the trial that, in the words of the Code for Crown Prosecutors, the case was merited on both an assessment of the evidence and that it provided a realistic prospect of conviction. Some of this evidence was outlined by Richard Latham QC in his opening remarks. The OFT's decision not to offer evidence was based on procedural and disclosure grounds as outlined in court and in yesterday's public statement.

The OFT is pleased that the defence has unreservedly withdrawn the remarks made by Ben Emmerson QC regarding the conduct of certain individuals as well as the OFT as a whole. This morning in court, on behalf of Mr Burns, Mr Darbyshire said 'I can inform your Lordship that we entirely disassociate ourselves with those remarks'. The OFT notes the absence of Mr Emmerson QC from court today. The OFT considers his remarks yesterday to be without merit and wholly unwarranted, particularly those that were directed against named OFT individuals.




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