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OFT announces criminal charges in airline fuel surcharges cartel case

93-08    7 August 2008

Four men have been charged with cartel offences under the Enterprise Act in connection with the OFT's criminal investigation into price-fixing of fuel surcharges for long haul passenger flights.

Martin George, Andrew Crawley, Alan Burnett and Iain Burns are charged with having dishonestly agreed with others to make or implement arrangements which directly or indirectly fixed the price for the supply in the United Kingdom of passenger air transport services by British Airways and Virgin Atlantic Airways.

The charges relate to the period between July 2004 and April 2006 when the defendants were employed by British Airways.

They will appear at City of London Magistrates' Court on 24 September.

NOTES

1. The charges have been brought under the Enterprise Act 2002. Under section 188 of the Act it is an offence for individuals dishonestly to agree that businesses will engage in certain types of cartel activity, namely price-fixing, limiting supply or production, market-sharing and bid-rigging.

2. Individuals convicted of the cartel offence under the Enterprise Act may be sentenced to up to five years' imprisonment and/ or an unlimited fine.

3. Anyone who has information about cartels is asked to call the cartels hotline on 0800 085 1664 or email cartelshotline@oft.gsi.gov.uk. The OFT has a policy under which it will pay financial incentives of up to £100,000 in return for information which helps it to identify and take action against illegal cartels. Rewards will be paid only where information is accurate, verifiable and proves to be useful in the OFT's anti-cartel enforcement work, and will be calculated according to a set formula and not subject to negotiation.  For further information please see the cartels area of this website.

4. The OFT also operates a leniency programme for companies and other individuals who wish to confess to cartel conduct.

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