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An end to the Fuel-surcharge Fiasco

OFT action against BA employees collapses

Jasper Kelly Jasper Kelly
Wednesday 12 May 2010

I was reminded yesterday of a conversation that I had with a BA insider when the fuel surcharge story originally broke a few years back. His view was that there had been a price capping arrangement but not price fixing. Of course, he would say that wouldn’t he, but let me explain.

This all came at a time of rapidly increasing fuel prices that made it difficult for the airlines to honour ticket prices for more than about a month ahead. The fuel surcharge scheme was introduced to respond to these fluctuations which affected all the airlines in pretty much the same way.court.jpg

My contact said the logical thing would have been for the FAA/CAA etc to set a figure each month, a bit like the retail price index, that would apply t o all airlines. This never happened and passengers never really knew whether the surcharge was fair or not. His point was, once you accept the need for a surcharge, you can say that tickets purchased at one fuel price, for a certain distance, are subject to a certain surcharge when the fuel reaches another price, ie the surcharge can be calculated and justified.

At that time BA and Virgin Atlantic were head-to-head in the very competitive trans-Atlantic market and there would have been temptations to use the surcharge as another price point in that competition. My contact said that the tacit agreement between the companies was actually not use the surcharge in a competitive way but simply to agree a common index and continue to compete on base price, service, schedules etc. If this is true, both airlines were acting very responsibly and doing what the authorities should have done in the first place.

Sadly, things turned nasty. The Office of Fair Trading had been building its own power base following the American model of encouraging whistle-blowers with immunity for he who tells tales first. It is rumoured that Cathy Pacific were involved with Virgin in a similar surcharge arrangement on the Hong Kong route but that Virgin acted quickly to get in first with an OFT admission of involvement with BA. Of course, all of this happened against the backdrop of a long-standing ‘Dirty tricks’ argument between Virgin and BA and the spectra of the OFT just made things worse.

Perhaps worst of all was the criminal prosecutions against individual BA managers. This seemed grossly unfair and indicative of the wholly out-of-touch mentality of the OFT.

I am glad that the trial has collapsed. I wish the individuals well and I hope that this will be the end of the matter. 

Adrian Payman
Adrian Payman, Cannock
12 May 2010, 12:12PM

The OFT are a bit like the Equal Opportunities Commission in that they go too far and correct one inbalance with another. The fuel surcharge was a good idea, the green tax on fuel is a good idea, and there are lots of good ideas but once you let a bunch of quango mentality people implement the ideas they get it wrong.

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Justin Sutton
Justin Sutton, Wantage
12 May 2010, 12:53PM

I read that the OFT were considering starting all this again by removing the immunity previously granted to Virgin. It sounds as though the OFT lawyers screwed up by not declaring (or being aware of) these 70,000 emails. I think the time has come to put this to bed.

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MandyPritchard
MandyPritchard, United Kingdom
12 May 2010, 01:36PM

This is so sad. The PR chief for BA was on the radio yesterday. He was sacked by BA and has spent four years with this case hanging over him and his family. It is all so unnecessary. I do hope that the OFT recognise that any further action is not in the public interest and certainly not worth wasting any more money on.

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Lucy Smith
Lucy Smith, Northampton
12 May 2010, 02:53PM

This is yet another example of the gross incompetence of the OFT. There was never any reason for bringing this case (I worked for BA at the time and knew some of the staff in that department). They made a mountain out of a molehill and have now got to face the consequences.

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Mary Trimble
Mary Trimble, Norwich
13 May 2010, 03:30PM

I feel sorry for the BA guys that had to go through this. They were employed by BA and I am sure that BA knew what they were doing and why they were doing it. I can see that BA had to sack them to appear not to be involved (so as to minimise the costs to the company) but I do hope they were looked after and not just cat adrift to face the court case by themselves.

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Chrissy Web
Chrissy Web
14 May 2010, 11:48AM

I hear that the new coalition are going o get rid of the OFT. I bet the guys there are really sick that this came up just at this time. From what I read in the news papers, the OFT have been pretty hopeless and have messed up other cases before this one.
Probably about time that they were closed down and the money used for something better.

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