British Airways price fixing trial collapses

LONDON - The trial of four current and former British Airways executives, including current sales and marketing director Andrew Crawley, accused of price fixing offences with rival airline Virgin Atlantic has collapsed.

British Airways
British Airways

It follows the discovery of a series of emails sent and received by former Virgin Atlantic communications director Paul Moore, whose evidence the jury was due to start hearing today.

Although the OFT claimed the emails were of "no relevance", the counsel for one of the defendants suggested the case should never have been brought.

Prosecuting QC Richard Latham told Southwark Crown Court this morning that he would offer "no evidence" in the trial brought by the Office of Fair Trading (OFT), and as a result the defendants were acquitted.

An OFT statement said: "In light of rulings made by the trial judge last Friday, the OFT has concluded that it would not be realistic to request an adjournment of the trial, which the late disclosure of the additional electronic material would otherwise have necessitated."

The OFT added that it may have "potential consequences" for Virgin Atlantic's immunity from penalties, which it gained by blowing the whistle on the price fixing, which resulted in BA being fined £121.5m in 2006.

"The OFT will also be reviewing the role played by Virgin Atlantic and its advisers in light of the airline's obligations to provide the OFT with continuous and complete cooperation," said the OFT statement.

"The omission from this material of a significant number of emails only came to light after the start of the trial. Had the omission been uncovered earlier, the OFT believes there is every prospect that the trial would have been able to proceed."

Former British Airways commercial director Martin George and sales and marketing director Andrew Crawley, who both pleaded not guilty, .

Ex-head of communications Iain Burns and former head of UK and Ireland sales Alan Burnett also denied any wrong-doing.

Martin George and Iain Burns both left the airline in 2006, while Alan Burnett retired from the company that year. George now occupies the role of group marketing director at healthcare provider Bupa.

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