The UK OFT clears a merger in the passenger rail transport sector while applying the SLC test and de minimis exemption to rail franchise (Govia / South Central Passenger Rail)

1. Introduction By its decision of 17 August 2009 the OFT unconditionally cleared the Govia acquisition of South Central Passenger Rail Franchise (the Franchise) without referring it to the Competition Commission for further examination [1]. The OFT decision is worth reading for it makes some interesting points on which counterfactual applies to the competition assessment of rail franchise and the different weight attach to interamodal and intermodal competition in the assessment of competition effects of mergers between rail operators. 2. Background Govia is a joint venture company held by the Go-Ahead Group, which operates bus and train links in the UK, and Keolis. Govia is the incumbent holder of the Franchise, which it operates through its wholly owned subsidiary New Southern

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  • Desogus Law Office (Cagliari)

Quotation

Michele Giannino, The UK OFT clears a merger in the passenger rail transport sector while applying the SLC test and de minimis exemption to rail franchise (Govia / South Central Passenger Rail), 6 August 2009, e-Competitions Bulletin August 2009, Art. N° 29960

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