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OFT to review Virgin’s role in price-fixing case

11 May 2010 by BusinessTraveller
The OFT says it will 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”, following the collapse of the price-fixing trial involving four BA employees. The trial against four former and current BA staff collapsed after it was revealed “a substantial volume of electronic material” had not been disclosed to either the OFT or the defence, including emails sent or received by former Virgin employee Paul Moore. In a statement the OFT said: “In the early stages of the investigation electronic material was provided to the OFT by Virgin Atlantic pursuant to its obligation as a leniency applicant to provide the OFT with continuous and complete cooperation. “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.” It added that while it would be reviewing Virgin’s role in the case, “no inferences or conclusions should be drawn at this stage regarding the outcome of that review. Moreover, no adverse decision affecting Virgin Atlantic's immunity status would be made without having provided Virgin with an opportunity to make representations on the matter.” The OFT also said that it had no reason to believe that the decision to withdraw criminal proceedings against the BA employees would have “any impact on the OFT's civil case (save possibly as regards Virgin Atlantic's immunity, as above), as this concerns the conduct of the companies involved rather than the alleged dishonesty of individuals”. For more information visit oft.gov.uk, virginatlantic.com, ba.com. Report by Mark Caswell
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