A lawsuit has been filed and is seeking class action status against the two airlines for allegedly conspiring to fix the prices of fuel surcharges. The lawsuit was filed in San Francisco District Court for fixing the price of ticket prices. The lawsuit also named three British Airways executives as defendants, commercial director Martin George, communications director Ian Burns, and head of international sales Alan Burnett. Also named as defendants are two Virgin Atlantic executives, communications director Paul Moores and commercial director Willy Bolter.
On August 23, 2007 British Airways pleaded guilty in US District Court in Washington to price fixing as part of a $300 million settlement with the US Department of Justice. Between 2004 and early 2006 the two carriers allegedly discussed the timing and size of surcharge increases, which were introduced to help to cover rising fuel costs. Virgin's lawyers blew the whistle on this practice when it was uncovered.