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Where's Branson's apology?

• Robert Peston
• 1 Aug 07, 09:05 AM

For a business nerd like me, it鈥檚 much more gripping than a blockbusting summer novel. I鈥檓 talking about BA鈥檚 鈥溾�� published today about its unlawful conversations with Virgin Atlantic about changes to fuel surcharges levied on long-haul passengers

Secret talks took place in a systematic way over 17 months between BA and Virgin executives about the plans of their respective airlines to change this important element in the price of airline tickets.

This was not a careless accident. The two big birds 鈥� which have a huge share of business on important routes 鈥� were not competing properly on price over an extended period: they were giving each other comfort that they would not undercut each other on the fuel surcharge.

It is about as blatant a breach of competition law as it鈥檚 possible to imagine.

BA is paying quite a price for its wrongdoing: 拢350m in fines from regulators and related costs.

By contrast, Virgin won鈥檛 pay a penny in fines and actually emerges as a winner, since all the opprobrium of the rule-breach has been heaped on BA.

Virgin escapes any penalties because it was the whistleblower.

Experience indicates that providing immunity to whistleblowers is the sine qua non of enforcing competition law.

But it makes for quite rough justice, since 鈥� on BA鈥檚 account 鈥� Virgin was a willing participant in this shameful attempt to rig the market.

In other words, Virgin鈥檚 behaviour was well below the standards expected of it by customers.

Which begs only one question, if it鈥檚 not going to dispute BA鈥檚 narrative: where is the public apology from Sir Richard Branson?

UPDATE: 22:35 A spokesman for Virgin Atlantic has telephoned to tell me that le patron has now apologised. But the statement he then emailed is not actually in Sir Richard's name. However, here it is: "Virgin Atlantic is sorry that the events took place and apologises to customers."

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