The UK Court of Appeal upholds a ruling which declared that the national railtracks operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)

The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers' access to its infrastructure, that suppliers were vetted by the Rail Industry Supplier Qualification Scheme ("RISQS"). As the owner of most of the mainline rail infrastructure in Great Britain, Network Rail Infrastructure Limited ("Network Rail"), operates three schemes which impose terms on individuals or companies working on its managed infrastructure (the "Schemes"). The terms of the Schemes require

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Authors

  • Ashurst (London)
  • ADNOC Group (Abu Dhabi)

Quotation

Nigel Parr, Alexi Dimitriou, The UK Court of Appeal upholds a ruling which declared that the national railtracks operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS), 5 March 2020, e-Competitions De minimis, Art. N° 94647

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