Transport & Access to facilities

Anticompetitive practices

The Australian Competition and Consumer Authority proposes to grant authorisation to owner drivers to collectively bargain with major supplier of chain logistics (Toll / Transport Workers’ Union of Australia)
Australian Competition and Consumer Commission
ACCC proposes to grant authorisation to owner drivers to collectively bargain with Toll* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to owner driver members of the Transport Workers’ Union in Queensland to engage in (...)

The Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)
Australian Competition and Consumer Commission
ACCC allows minor variations to AAT joint venture authorisation* The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture. The minor variations will enable AAT to operate the terminal (...)

The EFTA Surveillance Authority fines a Norwegian ferry company for anti-competitive practices (Color Line)
European Commission (Brussels)
ESA: The EFTA Surveillance Authority fines Ferry Company Color Line € 18 800 000 for infringing EEA Competition Rules* In February 2012, the decision of the EFTA Surveillance Authority (the Authority) of 14 December 2011, fining the Norwegian ferry company Color Line for an infringement of (...)

The Lithuanian Administrative Court annuls a decision of the national competition authority and emphasizes the importance of paying attention to the general aim of safeguarding the competition, rather than following a purely bureaucratic approach (Route Taxicabs)
Simmons & Simmons (London)
Background “Route Taxicabs”, a Business Association of Klaipeda (further on, “Route Taxicabs” Association) requested the Vilnius Regional Administrative Court (further on, Administrative Court) to annul the decision of the National Competition Authority to dismiss an investigation regarding (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The French Competition Authority sanctions container-handling companies for restrictive agreements (Perrigault, TPO)
European Commission (Brussels)
France: The Autorité de la concurrence sanctions four Container-Handling Companies for Restrictive Agreements in Le Havre Harbour On 15 April 2010, the French Competition Authority sanctioned with a € 625,000 fine four container handling companies active in the Le Havre harbour (north of (...)

Dominance

The German Competition Authority initiates proceedings on the suspicion of abuse of dominant position in the sale of rail passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Proceedings initiated against Deutsche Bahn AG Suspicion of restricting competition in ticket sales* The Bundeskartellamt has initiated proceedings against Deutsche Bahn AG on the suspicion that it has abused its dominant position in the sale of rail passenger tickets. Andreas Mundt, (...)

The High Court of England rules on the relevance of commercial gain for establishing an abuse of dominance on the market for airport to city centre bus route (Arriva The Shires / London Luton Airport Operations)
Blackstone Chambers
Abuse of dominance: no commercial gain, no abuse?* Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport (...)

The Latvian Competition Council fines sole operator of the public transportation database for delaying market entry for competing ticket cash registers (Transporta telemātikas sistēmas)
Competition Council of Latvia
The Competition Council fines operator of the national database of public transportation for abusing its dominant position* In the late 2013, the Competition Council (CC) of the Republic of Latvia took a decision to fine SIA „Transporta telemātikas sistēmas”, the operator of the national database (...)

The Australian Competition and Consumer Commission identifies reform priorities to support competition at domestic growing container ports
Australian Competition and Consumer Commission
ACCC identifies reform priorities to support competition at Australia’s growing container ports* In its 15th annual monitoring report, the Australian Competition and Consumer Commission has highlighted that further economic reforms are required if future benefits of continuing industry reforms (...)

The Italian Competition Authority opens an investigation against the incumbent railway operator for breach of Art 102 TFUE (Ferrovie dello Stato)
Bonelli Erede Pappalardo (Rome)
By its decision of 22 May 2013, the Italian Competition Authority (‘ICA’) initiated an investigation against the incumbent Italian railway operator Ferrovie dello Stato group in order to verify if, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani (...)

The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high speed rail market (NTV v FS)
Desogus Law Office (Cagliari)
By a decision made on 22 May 2013, the Italian Competition Authority (ICA) has opened an enquiry to establish whether the previous rail monopolist, the Ferrovie dello Stato (FS) group, had abused its dominant position in the market for high speed rail services. The ICA decision was based on a (...)

The EU Commission opens formal proceedings against the Lithuanian railway incumbent for removing railway track (Lietuvos geležinkeliai)
Van Bael & Bellis (Brussels)
On 6 March 2013, the European Commission announced that it had opened formal antitrust proceedings against the Lithuanian railway incumbent AB Lietuvos geležinkeliai to investigate whether it restricted competition on the freight rail markets in Lithuania and Latvia by removing a railway (...)

The Irish Competition Authority launches a public consultation as part of its study of competition in the national ports sector
Irish Competition Authority
Competition Authority launches public consultation on the ports sector* The Competition Authority has launched a public consultation as part of its study of competition in the Irish ports sector, following a request by the Minister for Jobs, Enterprise & Innovation, Richard Bruton T.D.. (...)

The German Federal Court of Justice clarifies conditions for invoking “legal impossibility” as justification for refusal to grant access to an essential facility (Scandlines)
Van Bael & Bellis (Brussels)
By judgment of 11 December 2012, recently published, the German Federal Court of Justice (“BGH”) annulled the judgment of the Higher Regional Court of Düsseldorf (“OLG Düsseldorf”) of 7 December 2011 and ruled that Scandlines Deutschland GmbH (“Scandlines”), which is the owner of the ferry port (...)

The Danish Competition Authority cannot intervene against refusal to grant access to Copenhagen airport, because the Danish Traffic Authority has determined that aviation legislation does not allow the establishment of a passenger terminal owned by a third party
Danish Competition and Consumer Authority (Copenhagen)
Aviation legislation prevents competition in Copenhagen Airport* Københavns Lufthavne A/S (CPH) limits competition when it refuses a new, competing terminal operator – Airport Terminal A ApS (TA) - access to Copenhagen airport. The Danish Competition Council can not intervene because the Danish (...)

The Danish Competition Authority decides not to adopt a formal decision in a case concerning a refusal to supply by the Copenhagen airport (Kobenhavns Lufthavne)
European Commission (Brussels)
Denmark: Aviation Legislation prevents Competition in Copenhagen Airport* The Danish Competition and Consumer Authority (DCCA) considers that Copenhagen Airport (CPH) limits competition when it refuses to give a new, competing terminal operator access to the airport. However the Danish (...)

A Chinese District People’s court accepts a complaint brought by private companies against a public entity for abuse of administrative monopoly in the railway transport industry (Taiyuan Railway Bureau)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
Taiyuan Railway Bureau Sued for Monopoly* On 7 September 2011, the Shanxi Joint Transport Group Co., Ltd. brought an administrative lawsuit in the Taiyuan Xinghualing District People’s Court against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL). (...)

A Norwegian District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet, CargoLink)
BA-HR
In a judgment handed down on 24 June 2011, the Drammen District Court dismissed a counter-claim entered by railway operator CargoLink AS («Cargolink«) against fellow operator CargoNet AS («CargoNet«). Cargolink alleged that it had suffered economic losses as a result of CargoNet‘s abuse of (...)

The English High Court orders an airport to give non-discriminatory access to terminal forecourts to competing valet parking service providers (Heathrow Airport/Purple Parking and Meteor Parking)
Brick Court Chambers
On 15 April 2011, the High Court ruled against the Defendant, Heathrow Airport Limited, ordering it not to exclude the Claimants, Purple Parking Limited and Meteor Parking Limited, from accessing the forecourts of Heathrow Terminals 1 and 3 in operating “meet and greet” or valet parking services. (...)

The Italian Competition Authority opens an Art. 102 TFEU investigation against the incumbent national railway undertaking for refusal of granting track access to a new train operator (Arena Ways)
Desogus Law Office (Cagliari)
By a decision taken on 15 December, the Italian Competition Authority (ICA) has opened an investigation into abusive conducts allegedly put into place by the incumbent national railway undertaking, the group Ferrovie dello Stato (FS). FS would have frustrated the entry into the market for rail (...)

The Düsseldorf Court of Appeals questions the German Federal Cartel Office’s decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)
Heinz & Zagrosek (Köln)
The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim (...)

The Czech Supreme Administrative Court confirms that, while a bus station does not constitute an essential facility, a discriminatory refusal of access to it amounts to an abuse of dominant position (ČSAD Liberec)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
By its judgement of 26 April 2010, the Czech Supreme Administrative Court confirmed a previous decision of the Regional Court in Brno, upholding a decision of the Office for the Protection of Competition in the ČSAD Liberec case. In 2005, ČSAD Liberec (“ČSAD”), the operator of the bus station in (...)

The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport - Naftelf)
European Commission (Brussels)
Lithuania: The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 of (...)

The German Federal Cartel Office opens a ferry route to competition (Scandlines Deutschland)
Van Bael & Bellis (Brussels)
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Practising Law Institute
According to a press release of 28 January 2010, the German Federal Cartel Office (“FCO”) has required Scandlines Deutschland GmbH (“Scandlines”), the owner of the Puttgarden ferry port and sole provider of ferry services between Puttgarden in Germany and Rødby in Denmark, to provide other ferry (...)

The German Competition Authority requires a ferry operator to grant access to its ferry port (Scandlines)
European Commission (Brussels)
Germany: Access to Essential Facilities granted on the Puttgarden-Rødby Ferry Route In a decision of 27 January 2010, the Bundeskartellamt has required Scandlines Deutschland GmbH to grant competitors access to Puttgarden ferry port. Based on its assessment that the port is an essential (...)

The Croatian Administrative Court upholds the NCA’s decision finding no abuse of dominance on the bus transportation services market (Fanika Vesligaj & Branko Kuntek)
University of Technology (Tallinn)
On 21 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding no abuse of dominant position on the market for bus transportation services in the municipality of Krapina. The AZTN’s investigation was prompted by the complaint lodged (...)

The Lithuanian Competition Council issues fourth infringement decision against the State controlled airport for restricting access to the airport facilities (Vilnius Airport/RSS II)
Lithuanian Competition Council
The Lithuanian Competition Council started the year of 2010 by issuing, on 21 January 2010, yet another infringement decision - fourth in less than three years - against the Vilnius international airport operator, the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU), for its refusal to (...)

The Turkish Competition Authority closes investigation into a state-owned intercity coach station for refusing to allocate a slot to a private coach company (KISOT)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has closed its abuse of dominance investigation into the state-owned Kirikkale intercity coach station (KISOT) after six months from its previous cease-and-desist order to halt potentially abusive refusal to (...)

The Italian Competition Authority closes two investigations against the manager of rail networkgroup without finding any competition infringement (NTV/RFI-Accesso al Nodo di Napoli)
Desogus Law Office (Cagliari)
Two investigations conducted by the Italian Competition Authority (ICA) against the incumbent rail operator, the Ferrovie dello Stato group (FS), over alleged infringements of Article 82 EC have been closed by a commitment and an acquittal decision. The ICA started the investigations against FS (...)

The Bulgarian Competition Authority applies economic value test in assessment of the alleged exploitative abuse of dominance committed by the bus terminal administration (Avtobusni prevoziw)
University of Technology (Tallinn)
In 2007 bus operator Planeta Trans o.o.d. (Planeta Trans) complained to the Bulgarian Competition Authority (CPC) that Avtobusni prevozi a.d. (Avtobusni prevozi), a bus terminal administration in the city of Pleven abused its dominant position by imposing unfair prices and trading conditions on (...)

The Bulgarian Supreme Administrative Court dismisses the charges of abuse of dominance launched against the national railway infrastructure company (Polygraphsnab)
University of Technology (Tallinn)
On 22 June 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that rejected the charges concerning abuse of dominant position committed by the National Railway Infrastructure Company (NRIC). The case originated from the complaint (...)

The Lithuanian Competition Council ends art. 82 EC investigation with another fine being imposed on the State-controlled operator of the national airport for restricting access to the airport facilities (Vilnius Airport - Naftelf)
Lithuanian Competition Council
On 6 November 2008 the Lithuanian Competition Council imposed a fine of LTL 171,000 (approx. EUR 49,525) on the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU) for infringing Article 82 EC and its national equivalent by way of preventing entry to its potential competitor in the (...)

The Italian Competition Authority fines an airport for excessive prices and margin squeeze practices for access to certain airport facilities (Aeroporti di Roma)
Desogus Law Office (Cagliari)
Last October the Italian Competition Authority (ICA) has closed investigations started in 2006 following complaints received by several freight operators and airlines about the anticompetitive practices of Aeroporti di Roma (ADR) . ADR is the dominant operator at the Rome’ airports of Fiumicino (...)

The Higher Regional Court of Düsseldorf rules on refusal to supply case in the market for travel lodge cards
Van Bael & Bellis (Brussels)
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Practising Law Institute
In its recently published decision dated 5 December 2007, the Higher Regional Court of Düsseldorf held that a leading undertaking in the travel services market had abused its dominant position by refusing to supply to a travel lodge card supplier authorisations to issue VAT information on the (...)

A German Court implicitly applies the essential facilities doctrine in the sector of travel services credit card (Royal Bank of Scotland / Lufthansa)
White & Case (Hambourg)
In a decision dated 5 December 2007, the Higher Regional Court of Düsseldorf (the Court) ordered Deutsche Lufthansa AG (Lufthansa) to grant the permit to Royal Bank of Scotland plc. (RBS) to list the turnover tax for the travel services supplied by Lufthansa inner-Germany on its credit card (...)

The Lithuanian Supreme Administrative Court orders investigation on alleged abusive access conditions to airport facilities (flyLAL)
Lithuanian Competition Council
On 5 November 2007, the Lithuanian Supreme Administrative Court (LSAC) upheld the judgment of the Vilnius District Administrative Court (VDAC) ordering the Competition Council to investigate whether by restricting the access to the airport facilities the State Enterprise Tarptautinis Vilniaus (...)

The Italian Competition Authority opens investigation for abuse of dominant position in the railway transport sector relating to the charge access to the network (Ferrovie dello Stato-Rete Ferroviaria Italiana)
Desogus Law Office (Cagliari)
Introduction With a decision adopted on 18 September 2007 the Italian Competition Authority (AGCM) opened investigation against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport. The abusive conduct complained of (...)

The Italian Antitrust Authority opens an abuse of dominance investigation in the railways sector (Rail Traction Company/Rete Ferroviaria italiana-Ferrovie dello stato)
Freshfields Bruckhaus Deringer (Rome)
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Macchi di Cellere Gangemi (Rome)
On 18 September 2007, the Italian Antitrust Authority (IAA) opened an investigation under Article 82 of the EC Treaty against Ferrovie dello Stato S.p.A. (FS) and its subsidiary Rete Ferroviaria Italiana S.p.A. (RFI). RFI is the railway infrastructure monopolist as it is the sole operator, (...)

The Lithuanian Competition Authority fines the State-controlled airport for abusing its dominance by restricting access to the airport facilities (Vilnius Airport/RSS)
Lithuanian Competition Council
On 7 June 2007, in its first explicit application of the essential facilities doctrine, the Lithuanian Competition Council imposed a fine of LTL 50,000 (approx. EUR 14,481) on the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU) for abuse of a dominant position by way of restricting (...)

The Italian Antitrust Authority opens airports investigations for alleged excessive prices and abuse of dominant position (Aeroporti di Roma / Milano)
Freshfields Bruckhaus Deringer (Rome)
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On 14 December 2006, the Italian Antitrust Authority (IAA) has initiated two formal investigations on the market for the management of airport infrastructures in relation to the airports of Rome and Milan. Following a complaint by IBAR, the association representing the air carriers active in (...)

The Czech Office for the Protection of Competition maintains that the refusal of access to a non-essential facility - a bus station - may amount to an abuse of dominant position (CSAD Liberec)
European Court of Justice (Luxembourg)
On 16 May, 2006, deciding on appeal lodged against a first-instance decision, the President of the Czech Office for the Protection of Competition has upheld the conclusion according to which CSAD Liberec (“CSAD”), the operator of the bus station in the Czech city of Liberec and of different bus (...)

The Slovak Competition Authority concludes that airport abused its dominant position by not granting access to the essential facility of the airport apron (Airport Bratislava)
Havel, Holasek & Partners (Brno)
I. Relevant facts In its Airport Bratislavadecision, the Slovak Antimonopoly Office stated that Letisko M.R.Štefánika - Airport Bratislava (Airport BA) abused its dominant position according to Article 8 (2) of the Competition Act, because it did not provide access to an airport apron at the (...)

The Czech Office for the Protection of Competition declares that the refusal of access to a bus station to competing bus line operators does not amount to an abuse of dominant position (AS-Service)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
In a decision rendered on 25 November, 2005, the Czech Office for the Protection of Competition concluded that CAS-SERVICE a.s. (“CAS”), the operator of the bus station in the Southern Moravian city of Znojmo, had not abused of its dominant position on the market of services offered to bus line (...)

The UK Office of Rail Regulation rejects a complaint on refusal to supply on the basis of the essential facilities doctrine (NTM/Portec-Clare)
Paul Hastings (London)
Introduction The case commenced in July 2004 when the Office of Rail Regulation (“ORR”) received a complaint from NTM Sales and Marketing Ltd (“NTM”) regarding the supply of grease for use in electric trackside lubricators on railway infrastructure in the UK. The complaint related to allegations (...)

The Czech Competition Authority states that refusal of access to a facility amounts to abuse of a dominant position even if the conditions of the essential facilities doctrine are not met (ČSAD Liberec)
Government of the Czech Republic
On 6 June 2005 the Czech Republic’s Office for the Protection of Competition (“the Office”) issued a decision whereby it established that a bus service and station operator in a Czech city abused its dominant position when it refused to allow a competing carrier to use its bus station for (...)

The Estonian Competition Board ends proceedings against the Port of Tallinn without finding discriminatory abuse (Eurodek / Port of Tallinn)
EFTA Surveillance Authority
1. Background information Eurodek Muuga Services OÜ (Eurodek) is a company within the Eurodek Group operating oil terminals in the Port of Muuga in Tallinn, Estonia. Port of Muuga is owned by a state owned company AS Tallinna Sadam (Port of Tallinn, PoT). PoT is the biggest cargo and passenger (...)

The European Commission rules on excessive pricing in the port sector (Scandlines Sverige v. Port of Helsingborg, Sundbusserne v. Port of Helsingborg)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Two important rejection decisions on excessive pricing in the port sector"* On 23 July 2004, the Commission took two decisions rejecting two complaints lodged in 1997 by ferry operators—Scandlines Sverige AB (hereinafter ‘Scandlines‘) and Sundbusserne AS (hereinafter ‘Sundbusserne‘) — against the (...)

The Estonian Competition Board brings proceedings to an end against the Tallinn port and established discriminatory pricing for access to an essential facility (Termoil)
EFTA Surveillance Authority
1. Background information AS Turmoil (Termoil) is a company operating oil terminals in the Port of Muuga in Tallinn, Estonia. Port of Muuga is owned by a state owned company AS Tallinna Sadam (Port of Tallinn, PoT). PoT is the biggest cargo and passenger port complex with five harbours, (...)

The German Competition Authority considers that the airline pricing strategy on the Frankfurt-Berlin route unfairly hindered a competitor to enter the market (Deutsche Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt warns Deutsche Lufthansa AG over its pricing strategy on the Frankfurt-Berlin route* According to a preliminary assessment the Bundeskartellamt considers Deutsche Lufthansa AG’s (DLH) pricing strategy on the Frankfurt-Berlin route as unfairly hindering its competitor Germania (...)

The European Commission rules that German airport abused it dominant position by refusing to grant access to facilities to some airlines carriers addressing the issue of the essential facility theory (Frankfurt airport)
European Commission - DG COMP (Brussels)
"One step beyond in the application of the essential facility theory"* On 14 January 1998, the European Commission adopted a decision finding that Frankfurt airport was abusing its dominant position by not giving access to other companies to provide ground handling services (third party (...)

Mergers

The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the (...)

The UK Office of Fair Trading decides not to refer a completed acquisition subjected to remedies in the airline industry to the Competition Commission (Air France-KLM / VLM)
Lenstore.co.uk
The operation Air France KLM SA (AF-KLM) is active in the provision of air transportation services (passengers and freight) and also of ground services such as passenger handling. AF-KLM operates 17 routes at London City Airport (LCY). VLM Airlines is a regional airline carrier registered in (...)

The European Commission conditionally clears a merger in the railways sector (Deutsche Bahn/English Welsh & Scottish Railway Holdings)
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European Commission - DG COMP (Brussels)
"Mergers: Main developments between 1 September and 31 December 2007"* On 6 November the Commission cleared the proposed acquisition of English Welsh & Scottish Railway Holdings (EWS) by Deutsche Bahn (DB). The Commission’s decision was subject to DB‘s undertaking to fulfil EWS‘ expansion (...)

The Slovak and Austrian competition authorities investigate the agreement between Vienna and Bratislava airports (TwoOne)
PRK Partners (Bratislava)
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SA Legal
In early February 2006 the Slovak Government approved the strategic partner for the Bratislava and Kosice Airports - the consortium “TwoOne” which should acquire a 66-percent stake in both airports. It is important to highlight that one of the partners of the consortium TwoOne is also the Vienna (...)

The Austrian Federal Competition Authority clears the partial acquisition of a local airline by a tourism company subject to commitment not to ask for or accept preferential treatment in ground handling fees (Kaernten Tourismus/Styrian)
Université de Genève
The operation In October 2005, the Austrian Federal Competition Authority (BWB) cleared the acquisition of 42.85% of Styrian Airways AG (Styrian) by Kaernten Tourismus Holding (Kaernten Tourismus), subject to remedies. Amongst other interests, Kaernten Tourismus holds a majority share of (...)

The German Competition Authority approves conditionally an acquisition in the local transport sector (DB / Stadt- und Regionalbus Göttingen)
German Competition Authority (Bonn)
Merger between DB AG and Stadt- und Regionalbus Göttingen cleared under strict obligations directed at opening up the market* The Bundeskartellamt has approved plans of Deutsche Bahn AG to acquire a 49.9% share in the company Stadt- und Regionalbus Göttingen GmbH (SRG) via its subsidiary (...)

The German Competition Authority threatens to impose fines for refusal to give up on slots for essential fringe times (Lufthansa)
German Competition Authority (Bonn)
Lufthansa faces fine for refusing to give up appropriate slots to Germania* In its clearance of the Lufthansa/Eurowings merger in September 2001 the Bundeskartellamt ordered Lufthansa to, among others, provide upon request and on all German domestic air routes where a new competitor intends to (...)

State Aids

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services* Main points Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of (...)

The EU Court of Justice upholds that the construction of a new runway being inherently related with an economic activity falls outside the scope of exercise of state authority (Leipzig Halle)
European Court of Justice (Luxembourg)
The Leipzig-Halle judgment of the CJEU: is the financing of a transport infrastructure an economic activity subject to State aid rules?* Leipzig-HalleThe financing and construction of transport infrastructure has often been considered in the past to fall outside the ambit of State aid rules, (...)

Procedures

The Stockholm City Court rules that the prohibition against double jeopardy does not bar subsequent administrative proceedings in a case of abuse of dominance where previous civil proceedings led to an injunction order under penalty of a fine (Swedavia)
Mircea & Partners (Bucharest)
Admissibility of an action for imposing a competition fine brought after the Market Court ordered injunction under penalty of a fine in related civil proceedings. Exploitative abuse of dominance. Ne bis in idem Background Swedavia is a state-owned company in charge with the administration of (...)

The Stockholm City Court rejects petition for dismissing an application for competition damages subsequent to the issue of an injunction order giving rise to a liability to pay penalties in case of non-compliance (Swedavia)
Swedish Competition Authority (Stockholm)
The City Court rules that there are no formal obstacles to charging Swedavia for competition damages* The Swedish Competition Authority may bring an action before the court to sue for competition damages even where the behaviour that forms the basis of the claim has already been forbidden by (...)

Regulations

The Australian Competition and Consumer Commission issues a draft decision to accept commitments as regards port terminal services access (CBH)
Australian Competition and Consumer Commission
ACCC issues draft decision to approve CBH long term arrangements* The Australian Competition and Consumer Commission has issued a draft decision to accept Co-Operative Bulk Handling Limited’s (CBH) proposed 2014 Port Terminal Services Access Undertaking, subject to drafting amendments. The (...)

The Australian Competition and Consumer Comission decides not to object to a proposal to increase prices by a monopoly operator of air traffic control and aviation fire-fighting and rescue services (Airservices Australia)
Australian Competition and Consumer Commission
ACCC does not object to price increases by Airservices Australia* The Australian Competition and Consumer Commission has decided to not object to a proposal by Airservices Australia to increase prices for its monopoly services, from 1 July 2014. Airservices Australia provides air traffic (...)

The New Zealand Commerce Commission invites views on the revision of the input methodologies for the cost of capital that apply to electricity lines services, gas pipeline services and specified airport services
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission seeks views on cost of capital input methodologies* The Commerce Commission is now inviting views on whether it should consider reviewing or amending the input methodologies for the cost of capital that apply to (...)

The New Zealand Commerce Commission issues final report on the effectiveness of the information disclosure regulation in relation to international airport (Christchurch)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission issues final report on Christchurch International Airport* The Commerce Commission has released its final report to the Ministers of Commerce and Transport on the effectiveness of the information disclosure regulation in (...)

The Irish Competition Authority submits that proposed new taxi regulations could create a barrier to entry increasing prices and waiting times for taxi users
Irish Competition Authority
New taxi regulations could increase prices and waiting times for consumers – Competition Authority* In a submission to the National Transport Authority (NTA), the Competition Authority warned that proposed new taxi regulations could create a barrier to entry that will increase prices and (...)

The Australian Competition and Consumer Commission seeks views on port terminal access arrangements at Newcastle (GrainCorp)
Australian Competition and Consumer Commission
ACCC seeks views on GrainCorp’s port terminal access arrangements at Newcastle* The Australian Competition and Consumer Commission is seeking views on whether the scope of regulation of GrainCorp’s bulk grain port terminal in Newcastle should be reduced due to the presence of other bulk export (...)

The Australian Competition and Consumer Commission issues a draft decision proposing to consent and vary an access agreement as regards a port terminal for bulk wheat export (Viterra)
Australian Competition and Consumer Commission
ACCC issues draft decision on Viterra’s wheat port undertaking* The Australian Competition and Consumer Commission has issued a draft decision proposing to consent Viterra Operations Limited’s (Viterra) application to extend and vary its 2011 Port Terminal Services Access Undertaking. Viterra’s (...)

The French Competition Authority issues several recommendations designed to ensure the necessary preservation of a level playing field in the railway sector
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes the opinion it provided to the French government concerning a bill on railway reform. The Autorité issues several recommendations that are designed to reconcile the logic (...)

The French Competition Authority publishes two opinions concerning new entrants accessing passenger railway stations
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes two opinions concerning new entrants accessing passenger railway stations. It invites public authorities to prepare for the next stage of the opening up to competition (...)

The Polish Competition Authority issues a report on the directions of development of competition and consumer protection on railway transport markets
European Commission (Brussels)
Poland: Report on the Directions of Development of Competition and Consumer Protection on Railway Transport Markets in Poland On 30 August 2010, the Polish Office of Competition and Consumer Protection (UOKiK) released a Report on the Directions of Development of Competition and Consumer (...)

The French Competition Authority issues an opinion on competition and regulation of airport activities
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends a strengthening of the open competition obligations and advocates the implementation of a more efficient regulation.* A request for an opinion had been submitted to (...)

The French Competition Authority issues an opinion on the role of train stations, intermodality and competition in transportation
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sets out the conditions for a successful introduction of competition in the passenger rail transport sector.* Directive 2007/58/EC of 23 October 2007 calls for the liberalization (...)

The French Competition Authority issues its first ex officio opinion on competition in the railway sector
European Commission (Brussels)
France: Autorité de la concurrence issues its first ex-officio Opinion on Competition in the Railway Sector and an Opinion on the Dairy Sector Pursuant to the 2009 competition law reform, the Autorité de la concurrence was entrusted with the power to issue ex officioopinions on any competition (...)

An Italian regional administrative Court finds the provisions of two ports regulation on self-handling of port operations unlawful and annuls refusal to authorize such services based on these provisions (Forship / Port Authority of Olbia and Golfo Aranci)
Desogus Law Office (Cagliari)
The regional administrative court of Sardinia (Tar Sardinia) has adjudicated on the provision of the regulation adopted by Port Authority of Olbia and Golfo Aranci or PAOGA in 2007 (the regulation) regarding the requirements to provide port operations at the ports of Olbia and Golfo Aranci in (...)

The Maltese Commission for Fair Trading sanctions Government’s temporary exclusive concession of yacht yard in favour of an undertaking (S & D Yachts)
S & D Yachts Limited, an undertaking acting as agent for yachts mooring in yacht yards in Malta, requested the Director of the Office for Fair Trading (hereinafter referred to as ’the Director), to submit for review to the Commission for Fair Trading (hereinafter referred to as ’the (...)

The German Federal Court of Justice finds that the Federal Network Agency has no right of participation in respect of civil litigation proceedings concerning payments for the network usage (Beteiligung der Bundesnetzagentur II)
Hengeler Mueller (Dusseldorf)
I. Background and facts of the case The claimant is a subsidiary of the Deutsche Bahn (DB) and operates the predominant part of the railway network in Germany. The defendant is a private railway company offering services in the field of railway cargo transportation. In this respect it is (...)

The UK Civil Aviation Authority publishes policy document concerning the use of its power to impose conditions on airports for anti-competitive behaviour and agrees on a MOU with the OFT (UK Airport)
Dirty Monty
The Law Under section 41 of the Airports Act 1986 (the Act) the CAA is empowered to impose conditions on certain airports in England, Scotland and Wales should they be found, after investigation, to have taken a course of conduct prohibited by the Act. Such conduct is broadly anti-competitive (...)

The Council of the EU adopts final package of measures for the liberalization of the Community’s internal air transport market
European Commission - DG AGRI
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European Commission - DG CNECT
"Liberalization policy and State aid in the air transport sector"* On 1 January 1993, the third and final package of measures for the liberalization of the Community’s internal air transport market entered into force. This package completes the process of gradual market liberalization which (...)

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