It is an honour and a challenge to be invited to write this foreword. It is an honour because of the high calibre of contributors and contributions. But it is also a challenge for the exact same reason! How can one do justice in a short foreword to the wealth of wisdom embodied in these contributions from jurisdictions as diverse as China and Croatia or Germany and Hong Kong? As is (...)
Transport (rail)
Anticompetitive practices
The Russian Competition Authority opens a proceeding for cartel in the rail tracks market (Partnerstvo)
Rail track collusion*
Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks.
“Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)
The Belgian Competition Authority sanctions bid-rigging cartel in public contracts for railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000.
Infrabel had (...)
The Competition Commission of India grants a 75% reduction in penalty in a cartel case applying leniency program (Suo Moto Case)
Introduction
The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)
The EU Commission carries out an unannounced inspection in rail passenger transport sector
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector*
The European Commission can confirm that on 28 June 2016 its officials carried out unannounced inspections in the sector of rail passenger transport in several Member States.
The Commission has concerns (...)
The Hellenic Competition Authority sends a statement of objections to suspected members of a cartel in the construction sector (Ellaktor)
Statement of Objections addressed to undertakings active in the construction sector regarding an alleged infringement of Article 1 of the Greek Competition Act and Article 101 TFEU*
Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will convene on 21 (...)
The German Competition Authority fines a railway company for cartel (Vossloh Laeis)
Bundeskartellamt concludes "rail case" with fine imposed on Vossloh Laeis*
The Bundeskartellamt has imposed a fine of just under 3.5 million euros on the company Vossloh Laeis GmbH, Trier.
Andreas Mundt, President of the Bundeskartellamt: "During the period from 2001 to 2011 Vossloh Laeis (...)
The German Competition Authority fines a manufacturer of railway sleepers for anticompetitive agreement in a public procurement (Durtrack)
Bundeskartellamt concludes proceedings against manufacturers of railway sleepers*
The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The proceedings (...)
The EU Commission confirms several unannounced inspections carried in the rail passenger transport market
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector*
The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria.
The Commission (...)
The Portuguese Competition Authority imposes fine on transport company for providing false, inaccurate and incomplete information in the context of an antitrust investigation in the sector of rail freight transport (CP CARGA)
AdC fines CP Carga for providing false, inaccurate or incomplete information*
The Portuguese Competition Authority (Autoridade da Concorrência - AdC) has imposed a fine of € 100.000,00 on CP CARGA, for providing false, inaccurate or incomplete information further to a request of the AdC, in the (...)
The EU Commission fines cargo train operators in cartel settlement (Express Interfracht & Schenker)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement*
The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)
The EU Commission imposes fines on cargo train operators for cartel (Kühne+Nagel)
Commission fines cargo train operators € 49 million for cartel*
The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn ("DB"), (...)
The Italian Competition Authority finds a collusive tendering practice in the market for rail equipment (Forniture Trenitalia)
In the Forniture Trenitalia case the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation into a collusive tendering practice with an infringement decision . It found 13 firms guilty of bid-rigging and imposed on them a total fine of € 1,987,307.16 for regulating (...)
The Regional Labour Court Düsseldorf holds that managing directors cannot be held liable for fines imposed by the Federal Cartel Office (Managing Director of ThyssenKrupp liability)
I. The Facts In 2012 and 2013 the German Federal Cartel Office (FCO) imposed heavy fines on numerous companies and individuals for participating in a cartel in the rail industry. Among the companies fined were subsidiaries of the large German steel-producing group, ThyssenKrupp, which had to (...)
The Polish competition authority fines two rail traffic control system suppliers for bid-rigging (Thales / Qumak)
Summary
Following the year-long antitrust proceeding initiated in December 2013, the UOKiK Chairperson fined Thales Polska sp. z o.o. with its registered seat in Warsaw (“Thales”) and Qumak S.A. with its registered seat in Warsaw (“Qumak”), having found that these two companies had entered into an (...)
The Polish Competition Authority fines companies allegedly involved in bid-rigging practices concerning tenders in the rail sector (Kombud, KZA Lublin and Bombardier Transportation Polska)
In the decision no. DOK – 10/2014 of 30 December 2014, the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of almost PLN 7 million (ca. €1.68 million) on three companies involved in alleged bid-rigging practices during a tender for a contract (...)
The Luxembourgish Competition Council fines producers of railway switches for having participated in a market sharing and price fixing cartel (Voestalpine, Schreck-Mieves, Kihn, Vossloh)
Luxembourg: Fines imposed in Railway Switches Cartel Case*
The Luxembourgish Competition Council (the Council) has fined two producers of railway switches by decision of 23 October 2013. Two German undertakings, voestalpine BWG GmbH (voestalpine) and Schreck-Mieves GmbH (Schreck-Mieves) were (...)
The Spanish Competition Authority fines container transport companies and professional association for anticompetitive agreements (ASEMTRACON)
Spain: The Comisión Nacional de la Competencia fines Container Transport Companies and Professional Association*
On 24 September 2013, the Comisión Nacional de la Competencia (CNC) Council found that the container transport industry association ASEMTRACON as well as several undertakings active (...)
The German Competition Authority imposes fines for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies (ThyssenKrupp / Gleistechnik /voestalpine / Butzbach /Schreck-Mieves)
Bundeskartellamt punishes more agreements between rail manufacturers*
Fines totalling almost 100 million euros imposed for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies
On 23 July 2013 the Bundeskartellamt (...)
The German Competition Authority fines eight companies in second rail track cartel case (ThyssenKrupp)
According to a press release of 23 July 2013, the German Federal Cartel Office (“FCO”) has imposed fines totalling € 97.64 million on eight companies for having engaged in bid-rigging in the supply of rails, points and sleepers to local public transportation companies, private, regional and (...)
The German Competiton Authority imposes fines for rail cartel infringement (Moravia Steel)
€ 10 million fine imposed on Moravia Steel in rail cartel case*
Today the Bundeskartellamt imposed a fine of € 10 million on Moravia Steel Deutschland GmbH. The authority has thus concluded its investigation proceedings against manufacturers and suppliers of rails on account of anticompetitive (...)
The Danish Competition Council finds refusal to supply and restrictions to parallel trade in railway spare parts sector (Deutz, Diesel Motor Nordic)
Denmark: The Competition Council finds Refusal to Supply and Restrictions to Parallel Trade in Railway Spare Parts Sector*
On 12 June 2013, the Danish Competition Council (DCC) ruled that Deutz AG (Deutz) and Diesel Motor Nordic A/S (Diesel Motor Nordic) have infringed the Danish and European (...)
The French Supreme Court confirms the ability of NCAs to take action against anti-competitive agreements below de minimis thresholds (SNCF / Expedia)
On 16 April 2013, the French Supreme Court ruled that national competition authorities (NCAs) are allowed to take enforcement actions against companies found to be in breach of Article 101 TFEU, despite market shares being below the thresholds established by the European Commission’s (...)
The Competition Commission of India issues a ’cease and desist’ order to 29 manufacturers of elastic rail clips engaged in bid-rigging in a tender in the railway sector (Orissa Concrete and Allied Industries,...)
SUMMARY
In tendering for the supply of anti-theft elastic rail-clips to the South Eastern Railways, 29 manufacturers were found to have quoted the same rates, allocated the tender quantity amongst themselves, artificially raised prices and acted in concert to eliminate competitors. The CCI (...)
The UK Supreme Court grants permission to appeal against the Court of Appeal’s judgement that struck out a cartel damages claims on the ground that they were out of time (Deutsche Bahn)
Introduction
Deutsche Bahn v Morgan Crucible is a well-litigated case, with a judgment from the Court of Appeal and the granted permission to appeal to the Supreme Court. Taking into account the novel issues involved in this case, it appears reasonable that the Supreme Court wants to resolve (...)
The EU Court of Justice rules that a national competition authority is not precluded from applying Article 101(1) TFEU to an agreement situated below the threshold specified by de minimis notice (Expedia)
Article published on Centre for Competition Policy blog.
The Court of Justice’s Expedia ruling undermines the economic approach by eliminating the ‘de mimimis’ defence in object agreements*
One of the most important holdings of the Court of Justice in recent times is buried in paragraph 37 of (...)
The UK Court of Appeal clarifies the meaning of the term “decision” in Section 47A of the Competition Act 1998 (Deutsche Bahn / Morgan Crucible)
The Court of Appeal, in its decision in Deutsche Bahn AG and others v Morgan Crucible plc, has clarified the meaning of the term “decision” in section 47A of the Competition Act 1998 for the purpose of applying the limitation period for bringing follow-on action claims for damages in the (...)
The German Competition Authority fines four rail manufacturers and suppliers for anticompetitive behaviors (ThyssenKrupp GfT Gleistechnik, Stahlberg Roensch, TSTG Schienen Technik and Voestalpine BWG)
Germany: The Bundeskartellamt imposes first Fines in Rail Case*
On 5 July 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 124 500 000 on four rail manufacturers and suppliers.
The fines sanction the anticompetitive behavior of the following companies: ThyssenKrupp GfT (...)
The Hungarian Competition Authority fines undertakings for market-sharing in the railway sector (MÁV Magyar Államvasutak, Rail Cargo Hungaria, Győr-Sopron-Ebenfurti Vasút)
Hungary: Fines imposed on Cartel in Rail Freight Transport Market*
On 27 April 2012, the Hungarian Competition Authority (Gazdasági Versenyhivatal (GVH)) adopted a decision against MÁV Magyar Államvasutak Zrt. (MÁV), MÁV Cargo Árufuvarozási Zrt., currently called: Rail Cargo Hungaria Zrt. (RCH), and (...)
The Croatian Government adopts block exemption regulation in the transports sector
On 16 June 2011 the Croatian Government passed the Regulation on block exemption of the agreements in the transport sector (Transport BER) . Together with the adoption of the BER in insurance sector (Insurance BER), the Transport BER completes the reform of the secondary legislation, which was (...)
The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)
Italy: Fines imposed in Freight-Forwarding Agents Cartel Case*
On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market.
The ICA ascertained that the main market players had coordinated their commercial (...)
Dominance
The EU Commission fines the incumbent Lithuanian railway company for abuse of dominance on rail freight market (Lietuvos geležinkeliai - Baltic Rail)
Antitrust: Commission fines Lithuanian Railways €28 million for hindering competition on rail freight market*
The European Commission has fined Lithuanian Railways (Lietuvos geležinkeliai) an amount of €27 873 000 for hindering competition on the rail freight market, in breach of EU antitrust (...)
The Dutch Competition Authority fines Dutch rail operator for various abuses in winning tender (Nederlandse Spoorwegen)
On 29 June 2017, the Dutch Competition Authority (“DCA”) published the non-con dential version of a decision of 22 May 2017 imposing a €40.95 million fine on Dutch rail operator Nederlandse Spoorwegen (“NS”) for abusing its dominant position in the context of a tender for public transport services (...)
The French Competition Authority dismisses a complaint of a railway company accusing the incumbent of abuse of dominance (Transdev)
The Autorité de la concurrence examines the state of competition in the coach transport sector and dismisses the complaint lodged by TRANSDEV against SNCF*
Having been referred to by TRANSDEV GROUP (TRANSDEV) regarding practices implemented by the SNCF group in the intercity coach transport (...)
The Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
In the Netherlands, the public transport by rail is organised in two ways. On the one hand, there is the main railway network, which mainly covers the intercity connections and is exploited by NS. On the other hand, there are the regional railway networks, which include slow train services. The (...)
The EU Commission launches an investigation against a Czech railway incumbent for possible abuse of dominance (České dráhy)
Antitrust: Commission investigates practices of Czech railway incumbent České dráhy in passenger transport*
The European Commission has opened an investigation to assess whether the Czech railway incumbent České dráhy, a.s. (ČD) charged prices below costs with the aim of shutting out competition in (...)
The German Federal Cartel Office terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)
The German Competition Authority informs that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
Deutsche Bahn AG to make changes to ticket sales*
Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)
The EU Commission allows early termination of commitments made by a railway power supplier (DB Energie)
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case*
The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)
The EU Commission relieves an undertaking of its obligation to meet commitments decision following market developments (Deutsche Bahn)
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which it (...)
The Polish Competition Authority fines a rail freight company for abuse of dominance (PKP Cargo)
PKP Cargo fined for limiting competition on the rail freight market*
UOKiK found that PKP Cargo (Poland’s largest rail freight operator) abused its dominant position, resulting in limited competition on the rail freight market, fining the company 14,2 million PLN [3,3 million EUR]
Poland’s (...)
The Finnish Competition Authority stops its investigation concerning a suspected abuse of dominance in the rail freight transport market (VR-Group)
FCCA halts investigation into VR Group’s domestic freight transport*
The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation.
In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning VR-Group (...)
The Moscow Arbitration Appeal Court confirms that Federal railway transport agency has unreasonable refused to open a railway station (Roszheldor)
An unreasonable refusal to open a railway station resulted in violating the law*
On 24 February 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) against the Federal Railway Transport Agency (...)
The French Competition Authority receives commitments from a railway company aiming at increased autonomy of its subsidiary in the market of advice and technical assistance to urban transporters (SNCF, Keolis and Transdev)
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments*
Within the scope of a procedure initiated before the Autorité de (...)
The Paris Court of Appeal reduces the fine imposed by the competition authority on the national railway (SNCF)
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)
The Council of Slovak Antimonopoly Office upholds the fine imposed on a railway company for abuse of dominance by restricting sale and leasing of electric locomotives and refuelling of diesel locomotives to competing private carriers (Cargo)
Council of the Antimonopoly Office upheld the 10-million fine for Cargo*
On 5 November, 2014 the Council of the Antimonopoly Office of the Slovak Republic upheld the fine imposed by the Division of Abuse of Dominant Position and Vertical Agreements on Railway Company Cargo Slovakia, a.s. (...)
The French competition authority forces the incumbent train company to open online ticket selling to competition (SNCF)
French train company SNCF forced to open online ticket selling to competition
Summary
SNCF, which has a monopoly on rail transport in France, had to agree to let distributors other than its affiliate Voyages-Sncf.com sell its train tickets in France.
Facts
SNCF operates trains in France, (...)
The French Competition Authority accepts commitments from a railway company in the distribution of train tickets market (SNCF and voyages-sncf.com)
The Autorité de la concurrence obtains commitments from SNCF allowing travel agencies to compete on an equal footing with voyages-sncf.com. Following these changes, travellers should enjoy an enhanced offer of services.*
Summary
Following a complaint submitted to the Autorité de la concurrence (...)
The German Competition Authority initiates proceedings on the suspicion of abuse of dominant position in the sale of rail passenger tickets (Deutsche Bahn)
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 Danish Competition and Consumer Authority reports a German engine manufacturer and its local distributor for preventing the supply of spare parts for IC3-trains (Deutz)
The Danish Competition and Consumer Authority reports the German engine manufacturer Deutz AG and the company’s distributor in Denmark to the police*
Following a ruling from the Danish Competition Appeals Tribunal, The Danish Competition and Consumer Authority reports the German engine (...)
The Slovak Antimonopoly Office finds abuse in freight rail transport market
Slovakia: The Antimonopoly Office of the Slovak Republic fines Abuse in Freight Rail Transport Market*
On 22 August 2013, the Antimonopoly Office of the Slovak Republic - Abuse of Dominant Position and Vertical Agreements Division - (the Office) issued a decision finding an abuse of dominant (...)
The European Commission market tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)
On 15 August 2013, the European Commission published a series of commitments proposed by the German railway incumbent Deutsche Bahn (“DB”) to resolve an investigation into its pricing system in Germany for the electricity used to power locomotives (known as “traction current”). In a press (...)
The French Competition Authority declines to impose emergency measures on the passenger transport sector (Transdev / SNCF)
Press Release published on the official website of the French Competition Authority.
The Autorité de la concurrence declines to impose emergency measures against SNCF, but will continue to investigate the merits of TRANSDEV’s complaint*.
TRANSDEV filed a complaint with the Autorité de la (...)
The Italian Competition Authority opens an investigation against the incumbent railway operator for breach of Art 102 TFUE (Ferrovie dello Stato)
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)
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)
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 (...)
A U.S. Court dismisses claims of “shared monopoly” against two companies in the market for rail freight transportation services (Union Pacific and BNSF)
On February 26, the United States District Court for the District of Columbia granted defendants’ motion to dismiss Section 1 and Section 2 claims against Union Pacific Railroad Company ("UP") and BNSF Railway Company ("BNSF"). (Oxbow Carbon & Minerals LLC, et. al., v. Union Pacific Railroad (...)
The Australian Competition Tribunal ‘undeclares’ third party access for rail lines company applying ‘private profitability’ test to 44H(4)(b) (The Pilbara Infrastructure Pty)
On 8 February 2013 the Australian Competition Tribunal (Tribunal) handed down its decision in Applications by Robe River Mining Co Pty Ltd and Hamersley Iron Pty Ltd. This brought to an end a long running legal dispute over third party access to Rio Tinto’s rail lines in the Pilbara region of (...)
The French Competition Authority fines national incumbent railway operator for unilateral practices and imposes injunction (SNCF)
France: The Autorité de la Concurrence fines national incumbent Railway Operator SNCF for Unilateral Practices and imposes Injunction*
On 18 December 2012 the Autorité de la concurrence (the Autorité) imposed on SNCF, the national incumbent railway operator, a fine of € 60 900 000 as well as an (...)
The Supreme Court of the Slovak Republic upholds Antimonopoly Office’s fine imposed on state-owned railway operator (ZSR)
Factual background
On 28 August 2012, the Supreme Court of the Slovak Republic (the "Supreme Court") in its judgement No. 8Sžhpu/2/2011 rejected an appeal lodged by Zeleznice Slovenskej republiky (the "ZSR") against judgment No. 1S 222/2007 of the Regional Court in Bratislava confirming (...)
The Italian Competition Authority fines the incumbent railway undertaking for hindering the entry of a new competitor in the rail passenger transport market (Arenaways)
In the Arenaways case by a decision made on 25 July 2012, the Italian Competition Authority (ICA) has fined the Italian publicly-owned railway undertaking, the Ferrovie dello Stato (FS) group, for infringing Article 102 TFEU. FS put in place a complex unified strategy aimed at hindering the (...)
The Italian Competition Authority fines rail incumbent for abusing its dominant position in the markets for passenger rail transport (Ferrovie dello Stato)
Italy: The Italian Competition Authority fines Rail Incumbent FS for Abuse of dominant Position by hindering Access to Passenger Rail Services *
On 25 July 2012, the Italian Competition Authority (ICA) sanctioned the State-owned group Ferrovie dello Stato (FS) for a violation of Article 102 (...)
The Slovakian Supreme Court upholds Competition Authority’s decision in railway cargo case (ZS Cargo)
Slovakia: The Supreme Court upholds Decision of the Antimonopoly Office imposing Fine in Railway Cargo Case*
In January 2012, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the AMO) imposing a fine on ZS Cargo, (...)
The Supreme Court of the Slovak Republic reverses the judgement of the Regional Court in Bratislava that amended the fine imposed by the Slovak NCA in an abuse of dominant position case (Cargo Slovakia)
Factual background
On 31 January 2012, the Supreme Court of the Slovak Republic (the “Supreme Court“) ruled in favour of the applicant, i.e. the Slovak Antimonopoly Office (“SVK AMO“), in its appeal against decision No. 1 S 27/2007-227 of the Regional Court in Bratislava amending decision No. (...)
The Brussels Court of Appeal decides the appointment of experts to investigate abuse of dominant position in the railway sector (NMBS / SNCB, Electrabel)
On 11 October 2011, the Brussels Court of Appeal (Hof van Beroep/Cour d’Appel) gave an interlocutory judgment designating a panel of experts in a case pitting NMBS/SNCB, the national railway company, against Electrabel. The appeal judgment overturns the initial judgment of the Court of (...)
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)
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 Chinese District People’s court receives a complaint brought by private enterprises against a public entity for abuse of dominance in railway transport sector (Taiyuan Railway Bureau)
Taiyuan Railway Bureau is Sued by Private Enterprises Alleged Monopoly*
On September 7th, 2011, an antitrust litigation against Taiyuan Railway Bureau was brought to Taiyuan Xinghualing Court on the ground that Taiyuan Railway Bureau violated Anti-monopoly Law and Unfair Competition Law of PRC (...)
A Norwegian District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet, CargoLink)
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 Regional Court in Brno confirms fine imposed on the national railways company for having abused its dominant position on rail freight transport of large-volume substrates market (Czech Railways Company)
Czech Republic: The Regional Court in Brno confirms Fine imposed on Czech Railways Company for Abuse of Dominant Position on Rail Freight Transport of large-volume Substrates Market*
On 12 May 2011, the Regional Court in Brno (the Court) upheld the CZK 254 000 000 (approximately € 9 585 000) (...)
The Brussels Court of First Instance dismisses the action brought by the national railway company for lack of proof (NMBS / SNCB, Electrabel)
On 20 September 2010, the Brussels Court of First Instance dismissed the action brought by NMBS/SNCB, the national railway company, against Electrabel for lack of proof. Mere reliance upon a report published by the energy regulator was found inconclusive evidence to demonstrate an abuse (...)
A German Court orders the dominant German railway network provider to reimburse additional fees charged for the ad hoc use of the railway network (Deutsche Bahn)
In its judgment of 14 October 2009, the Higher Regional Court of Düsseldorf (“Court”) held that additional fees charged by the dominant German railway network provider (“defendant”) to a company active in the field of railway freight transportation (“claimant”) for the ad hoc use of the railway (...)
The Czech Competition Authority imposes a fine for discriminatory pricing in rail cargo transport (Czech Railways)
On 16 July 2007, the Czech Competition Authority announced that it had imposed a fine on České dráhy, a.s. (“Czech Railways”) for abusing its dominant position on the market for rail freight transport of large volume substrates. The fine amounts to CZK 270 million (approximately € 11 million). The (...)
The German Competition Authority stops the proceedings against railways operator in connection with abusive route price structures (Deutsche Bahn)
Proceedings against Deutsche Bahn AG in connection with abusive route price structure halted*
The Bundeskartellamt is halting proceedings against Deutsche Bahn in connection with abusive route price structures. The President of the Bundeskartellamt, Ulf Böge said, "The Bundeskartellamt welcomes (...)
Mergers
The EU Commission clears a merger, subject to remedies, in the market of train equipments (Faiveley / Wabtec)
Mergers: Commission approves acquisition of Faiveley by Wabtec, subject to conditions*
Brussels, 4 October 2016
After an in-depth investigation under the EU Merger Regulation, the European Commission has cleared the proposed acquisition of Faiveley Transport of France by US-based Wabtec. The (...)
The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
Mergers: Commission opens in-depth investigation into Wabtec’s proposed takeover of railway equipment manufacturer Faiveley*
The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)
The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (EuroTunnel)
Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)
The UK Supreme Court confirms the CMA’s decision to treat an acquisition of 3 ferries and related assets as a merger (Eurotunnel / SeaFrance / MyFerryLink)
CMA welcomes Supreme Court judgment in Eurotunnel case*
The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case.
In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct approach (...)
The UK Competition and Markets Authority seeks permission to appeal in a case regarding trans-channel ferry transport services (Eurotunnel / SeaFrance / MyFerryLink)
CMA seeks permission to appeal in Eurotunnel case*
The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case.
The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)
The UK Competition and Market Authority seeks permission to appeal to the Supreme Court on what constitutes an enterprise (Eurotunnel, Société Coopérative de Production SeaFrance)
Unconvinced by the outcome of the Eurotunnel case, the CMA wants guidance from the Supreme Court on what constitutes an enterprise for the purposes of UK merger control.
The CMA is seeking permission to appeal the Court of Appeal judgment of 15 May 2015 in the Eurotunnel case. That judgment (...)
The UK Court of Appeals brings some additional clarity on assets acquisition (Eurotunnel / SeaFrance)
Asset acquisitions revisited*
Earlier this year, I suggested that the law on when an asset acquisition might amount to a merger was somewhat opaque. The Court of Appeal’s decision in Eurotunnel II [2015] EWCA Civ 487 has brought some additional clarity, although the messy procedural history of (...)
The Polish Competition Authority clears a merger in the rail freight market (PKP Cargo / Advanced World Transport)
UOKiK clears PKP Cargo to take over advanced world transport*
Poland’s Office of Competition and Consumer Protection (UOKiK) has cleared PKP Cargo, Polish railway freight transport operator, to take over rail freight services provider Advanced World Transport. The Authority’s analysis concluded (...)
The UK Competition and Markets Authority spurs an undertaking specialized in rail services to offer merger remedies in order to resolve competition concerns and to avoid an in-depth merger investigation (ICRL)
Stagecoach/Virgin consortium given chance to resolve limited competition concerns arising from the East Coast rail franchise award*
ICRL, a subsidiary jointly owned by Stagecoach and Virgin Trains, has the chance to avoid an in-depth merger investigation into its successful bid to run the East (...)
The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink)
Eurotunnel: when buying assets is a merger*
When is an asset acquisition a merger? As the Eurotunnel litigation shows, the answer is not clear-cut.
The background is the 2011 liquidation of the cross-channel ferry company SeaFrance. It could not be sold as a going concern, so instead there (...)
The Competition Appeal Tribunal upholds the merger decision of the UK Competition and Markets Authority in a maritime transport case (Eurotunnel / SeaFrance / MyFerryLink)
The CMA has welcomed today’s judgment by the Competition Appeal Tribunal (CAT) to uphold the CMA’s decision to bar Eurotunnel from running its MyFerryLink service out of Dover, to safeguard competition.*
The CAT’s judgment dismissed an appeal by Eurotunnel and Société Coopérative de Production de (...)
The UK Competition Appeal Tribunal quashes the Competition Commission decision regarding maritime transport over the Channel highlighting contradictory analysis of mergers between National Competition Authorities (Eurotunnel / SeaFrance / MyFerryLink)
The control of the Channel remains an emphatically strategic subject of prime importance for England: the Eurotunnel ferries might well not be allowed to disembark at Dover in the future! At least that’s what the Competition Commission, the British competition authority (hereinafter referred to (...)
The UK Competition Commission, unlike the French NCA, rules that operator of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)
The French Competition Authority clears, subject to conditions, a merger in the maritime transport sector (Eurotunnel / SeaFrance / MyFerryLink)
Press Release published on the official website of the French Competition Authority.
The Autorité de la concurrence clears, subject to conditions, the acquisition of certain SeaFrance assets by the Eurotunnel group*
The Autorité de la concurrence has just cleared, subject to certain (...)
The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
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 Polish Competition Court upholds a merger prohibition decision in the market for railway turnouts (Cogifer / Koltram)
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment.
In the first judgment, adopted on 5 April 2011, (...)
The EU Commission conditionally clears a joint venture in the railway sector (New Eurostar)
On 18 June 2010, the European Commission conditionally cleared the creation of the New Eurostar joint venture between French incumbent railway operator SNCF, UK railway operator London Continental Railways and Belgian railway operator NMBS/SNCB. The New Eurostar joint venture will operate the (...)
The French Competition Authority conditionally clears acquisition in public transport sector (SNCF, Keolis, Effia)
According to a press release of 13 January 2010, the French Competition Authority has conditionally cleared the acquisition by SNCF of Keolis and Effia. SNCF is the incumbent rail transport operator in France, Keolis is a leading operator on the markets for urban and inter-urban passenger (...)
The French Competition Authority conditionally clears acquisition in the rail sector (Novatrans, SNCF)
On 16 October 2009, the French Competition Authority conditionally cleared SNCF‘s acquisition of Novatrans. SNCF is the French incumbent rail transport provider and Novatrans is the leading provider of combined road and rail transport in France. The Competition Authority expressed concerns that, (...)
The Polish Competition Authority blocks a merger in the railway sector (Cogifer / Koltram)
According to recent press releases, the Polish Competition Authority has blocked two transactions.
The first transaction was a merger between Cogifer and Koltram, two companies selling railroad switches (i.e., mechanical installations that guide trains from one railway trackto another). (...)
State Aids
The EU Commission approves a State aid for construction Paris-Charles-de-Gaulle airport express rail line (CDG Express)
State aid: Commission approves French support for construction of €1.3 billion Paris-Charles-de-Gaulle airport express rail line*
The European Commission has approved French support measures for the construction of an express railway line between Paris and the Paris-Charles-de-Gaulle airport. (...)
The EU General Court considers the scope of public service obligations (Jørgen Andersen)
The scope of public service obligations*
Introduction
18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen v European Commission. Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish (...)
The EU Commission orders recovery of State aid and examines the definition of research in the context of aids granted for R&D purposes (ValDeal / CEATF)
State aid for R&D: What is research?*
Introduction
The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome of research. It is rare that research (...)
The EU Commission approves an aid falling within the exemption for important projects of common European interest (Fehmarn belt)
The Pricing of Access to an Important Project of Common European Interest*
Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid (...)
The European Commission holds that infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of their importance (Øresund Fixed Link)
An Important Project of Common European Interest*
Infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of their importance. However, public funding of transport networks which are open to all users does not constitute State aid.
Introduction
State (...)
The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
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 German Federal Office of Economics and Export Control publishes information regarding the reduction of the surcharge promoting renewable energy sources for energy-intensive companies and rail operators
BAFA Publishes Figures on Reduction of EEG Surcharge for Energy Intensive Companies*
The Federal Office of Economics and Export Control (BAFA) has published information regarding the reduction of the surcharge promoting renewable energy sources in Germany (“EEG-surcharge”) for energy-intensive (...)
The EU Commission finds that the noise reduction measure is compatible with the internal market under Article 93 TFEU (German Freight Wagons)
Article published on Lexxion State Aid Blog
The Puzzle of Environmental Aid: Why Do Firms Make Environmental Investments?*
Introduction
Environmental aid is the second largest horizontal category of State aid, after regional aid. It accounts for about 24% of all aid to industry and services. (...)
Procedures
The Administrative Court of Düsseldorf rules on right to access cartel damages proceeding file before labour court (Local transportation company)
In a judgment of 7 July 2016, the Administrative Court Düsseldorf (the “Court”) annulled the prior decision of the President of the Higher Labour Court Düsseldorf (the “President”) who had denied a potential cartel victim access to the file of a cartel damages proceeding before the Higher Labour (...)
The Regional Court of Potsdam rules on validity of standard term stipulating fix percentage of cartel damages (Public local transport)
In a judgment of 14 April 2016, the Regional Court Potsdam (the “Court”) ruled on the validity of a standard term in a procurement contract stipulating a fix percentage (15%) of damages in case of future follow-on action in relation to a competition law infringement.
The claimant, a public local (...)
The Czech Supreme Administrative Court confirms the wide discretion of the Competition Authority when requiring data from third parties including competitors of the undertaking under scrutiny (RegioJet)
On 7 January 2016, the Supreme Administrative court rejected cassation appeal of RegioJet, a.s. (“RGJ”) against the previous judgment of the Regional Court in Brno which rejected claim against the Czech Office for Protection of Competition (“Office”) alleging that the Office acted contrary to law (...)
The Paris Court of Appeal rules on search and seizure warrants (Seco-Rail)
In several cases relating to the award of public contracts, the courts have authorized search and seizure operations in the premises of various companies suspected of collusion. In each case, the Court of Cassation dismissed the appeal against the order issuing the warrant and the Competition (...)
The EU General Court fully confirms the legality of the Commission’s inspection decisions under the Regulation No 1/2003 and dismisses the appeals on all grounds (Deutsche Bahn)
I. Facts
Deutsche Bahn AG (hereafter “the rail company” and "the applicant") is an international company operating in the field of national and international transport of goods and passengers as well as logistics and services in the rail sector. DB Mobility Logistics AG, DB Energie GmbH, DB (...)
The ECJ AG Kokott establishes that an unobjectionable error of law may exonerate an undertaking from antitrust liability to pay fines (Schenker)
I. Introduction
Should the competition authorities bring proceedings against subjectively innocent undertakings? The assumption made by the respondents in the present case was that their own conduct was lawful and this hypothesis of lawfulness could be strengthened by the fact that during a (...)
The England and Wales Court of Appeal allows the claimants to proceed with an action for damages under Section 47A in consideration of price fixing of electrical and mechanical carbon and graphite products (Deutsche Bahn / Morgan Crucible)
CAT unlimited: the Deutsche Bahn decision*
Where the Commission has issued a decision finding several addressees liable for the same infringement, amongst the more important tactical questions for a claimant in the UK are: where to sue the addressees and when? The decision of the Court of (...)
A Slovak court imposes liability on successor despite lack of such rule being specifically provided by statute (Cargo Slovakia)
Introduction
In January 2012 the Supreme Court of the Slovak Republic annulled the decision of the Regional Court in Bratislava allowing the appeal of Zeleznicna spolocnost Cargo Slovakia, a.s. (“Slovak Cargo”). Slovak Cargo was fined by the Antimonopoly Office of the Slovak Republic (“AMO”) in (...)
The French Civil Supreme Court confirms that the same panel of judges cannot assess both the lawfulness of court orders authorizing the search of premises and seizure of documents and the legitimacy of the French Competition Authority decision, without infringing the right to a fair trial under art. 6 of the ECHR (Colas Rail)
On November 2, 2011, the French Court of Cassation found that the Court of Appeal of Paris committed an error of law and infringed Article 6 of the European Convention of Human Rights (ECHR). One more time, the transitory provisions adopted by the French legislator to respect the European Court (...)
Regulations
The French Competition Authority publishes its opinion on four draft implementing decrees concerning the railway sector
The Autorité de la concurrence issues its opinion on four draft implementing decrees*
The Autorité considers that some measures entail significant risks to the development of competition in the sector and issues several recommendations aimed in particular at strengthening the independence of (...)
The French Competition Authority receives commitments from a railway company aiming at ending the competition concerns identified in the distribution of train tickets sector (SNCF / voyages-sncf.com)
The SNCF makes progress on the path to the equitable treatment of its voyages-sncf.com website and travel agencies*
Within the scope of a procedure initiated before the Autorité de la concurrence, SNCF has proposed a series of commitments designed to make voyages-sncf.com and competing travel (...)
The French Competition Authority issues several recommendations designed to ensure the necessary preservation of a level playing field in the railway sector
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 issues several recommendations to amend bill on railway sector reform
France: The Autorité de la concurrence issues several Recommendations to amend Bill on Railway Sector in France*
On 4 October 2013, the Autorité de la concurrence (the Autorité) provided the French government with an opinion concerning a bill on railway reform (the Bill) that had been submitted (...)
The Spanish Competition Authority publishes a report on rail transportation of goods
Spain: The Comisión Nacional de la Competencia publishes Report on Rail Transportation of Goods*
As part of its competition advocacy activities, the Comisión Nacional de la Competencia (CNC) has published a report analysing the sector for rail transport of goods in Spain, which has been (...)
The Transport and Housing Bureau of Hong Kong releases the new fare adjustment mechanism applicable to the monopolist railway company (MTRCL)
The joint review of the Fare Adjustment Mechanism (“FAM”) of the MTR Corporation Company Limited (“MTRCL”), the only railway company in Hong Kong, by the Government of the Hong Kong Special Administrative Region (“HKSARG”) and MTRCL was completed. The outcome of the review was approved by the (...)
The Antimonopoly Office of the Slovak Republic finalises report analysing the problems in the railway transport services sector (Railway transport services)
Slovakia: Sectoral Report on Railway Services’ Competition Problems*
On 1 October 2011, the Antimonopoly Office of the Slovak Republic (the Office) finalised its report analysing the problems in the railway transport services sector from a competition point of view. The document describes the (...)
The French Competition Authority publishes two opinions concerning new entrants accessing passenger railway stations
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 French Competition Authority issues an opinion on the role of train stations, intermodality and competition in transportation
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 (...)
Public sector
The Swedish Competition Authority appeals decision of the Administrative Court in a case of direct award of cleaning services (SJ)
The Swedish Competition Authority appeals decision in favour of SJ*
In a decision by the Administrative Court in Stockholm, the Court has declared that SJ (Swedish State Railways) could be a contracting entity subject to LUF (National Act on Procurement within the Water, Energy, Transport and (...)
The Spanish Central Administrative Tribunal of Contractual Appeals issues its first decision on treatment of confidential information in procurement debriefing (AIR-RAIL)
On 29 February 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, CATCA) issued its Decision 33/2012 regarding the treatment of confidential information and the protection of business secrets in tender debriefing (...)
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