The Drammen 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 dominance, which consisted of overcharging for terminal services (such as loading and unloading of freight trains). In essence, the Court found that Cargolink could not sufficiently document the alleged margin-squeeze and the mere fact that the service in question could be provided at a lower cost did not suffice to qualify it as an abuse under Section 11 of the Norwegian Competition Act, a provision akin to Article 102 TFEU. Facts and Procedure CargoNet is a wholly-owned subsidiary of NSB – the

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Henrik Nordling, The Drammen District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet / CargoLink), 24 June 2011, e-Competitions June 2011, Art. N° 38518

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