Transport & Access to facilities

Anticompetitive practices

The EFTA Surveillance Authority closes investigation into alleged abuse of dominant position by ferry operator and municipality (Color Line / Sandefjord Municipality)
European Commission (Brussels)
ESA closes Color Line and Sandefjord investigation* On 20 December 2016, the EFTA Surveillance Authority (“ESA”) closed an investigation of the ferry company Color Line and the municipality of Sandefjord in Norway. The parties have ended practices alleged to be in breach of the EEA competition (...)

The EFTA Surveillance Authority invites comments on commitments offered by Norwegian undertakings to address the authority’s competition concerns on the Sandefjord-Strömstad ferry route (Color Line / Sandefjord Municipality)
European Commission (Brussels)
EFTA Surveillance Authority invites comments on commitments offered on Sandefjord - Strömstad ferry route* Following the opening of antitrust proceedings by the EFTA Surveillance Authority in March 2015 against the ferry company Color Line AS and the Municipality of Sandefjord in Norway, the (...)

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 (Canberra)
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 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 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 (...)

The French Competition Authority sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département of Alpes-de-Haute-Provence (Syndicat d’artisans et entrepreneurs de taxis des Alpes-de-Haute-Provence)
French Competition Authority (Paris)
Anticompetitive agreement between taxi operators in the Alpes-de-Haute-Provence département: The Conseil de la concurrence sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département.* The Conseil has handed down a decision, (...)

The German Competition Authority rejects application to allow an award of public contract for setting up and operating a distance-related toll levied on lorries on German motorways before the conclusion of the review proceedings (Die Bietergemeinschaft ETC.de)
German Competition Authority (Bonn)
Bundeskartellamt rejects application for premature allowance to award contract in lorry toll proceedings* The Bundeskartellamt has rejected the application of the Federal Ministry of Transport (contracting entity) to be allowed to award the contract for setting up and operating a (...)

The OECD holds a roundtable on competition issues in road transport
OECD - Competition Division
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Road transport is undeniably (...)

Unilateral Practices

The Moldovan Competition Authority prosecutes the company managing a bus terminal for imposing unfair trading conditions on the passenger bus operators (Telautogar)
Faculty of Law - University of Macau
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) prosecuted the bus terminal operator Telautogar SRL for the abuse of dominant position in the form of imposing unfair trading terms on passenger bus operators. Telautogar SRL was the company managing the bus terminal in (...)

The EU Commission fines the incumbent Lithuanian railway company €28 million for abuse of dominance (Baltic Rail)
DG COMP (Brussels)
On 2 October 2017 the European Commission adopted its decision in the Baltic Rail case finding that the Lithuanian railways company, Lietuvos geležinkeliai (’LG’) abused its dominant position. The extraordinary circumstances of the case prompted one commentator to wonder whether this is ’the most (...)

The EU Commission fines the incumbent Lithuanian railway company for abuse of dominance on the rail freight market by dismantling part of the track (Baltic Rail)
DG COMP (Brussels)
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 Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

The Lithuanian Competition Council terminates the investigation of an alleged abuse of dominance in the maritime industry (Vakarų Laivų Gamykla)
Max Planck Institute for Innovation and Competition (Munchen)
On 19 April 2016 the Competition Council terminated the investigation against AB “Vakarų Laivų Gamykla“ (AB VLG) with regard to an alleged infringement of Article 102 TFEU and Article 7 of the Law on Competition of the Republic of Lithuania. During the investigation, which the Competition Council (...)

The Moscow Arbitration Appeal Court confirms that the Federal railway transport agency has unreasonably refused to open a railway station (Roszheldor)
Russian Federal Antimonopoly Service (Moscow)
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 Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV / Fs / High speed trains)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad alta (...)

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 (London)
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)
Konkurences padome (Riga)
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 Irish High Court finds no abuse of dominant position by a public port authority after it imposed a levy per passenger (Island Ferries Teoranta)
University College London
The Plaintiff is the sole commercial operator of a passenger ferry service from the Irish mainland to a harbour at Kilronan on the Aran Islands. In October 2011 the public body responsible for the management of Kilronan harbour passed a law which imposed significant charges for the use of the (...)

The Australian Competition and Consumer Commission identifies reform priorities to support competition at domestic growing container ports
Australian Competition and Consumer Commission (Canberra)
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 Court of Milan finds an abuse of dominant position in the market for online travel agencies (Viaggiare / Ryanair)
Ashurst (Milan)
Milan Court finds that Ryanair abused its dominant position in the market for online travel agencies* On June 4, 2013, the Milan Court’s company law section handed down a ruling (only available in Italian) holding that Ryanair abused its dominant position in the downstream market for online (...)

The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high speed rail market (NTV / 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 Bulgarian Competition Authority sanctions municipal undertakings for charging excessive prices for bus terminal services (Zhilfond Pleven)
Faculty of Law - University of Macau
On 23 April 2013 the Bulgarian Competition Authority (CPC) sanctioned two municipal undertakings in the city of Pleven for imposing excessive tariffs on the bus operators for the usage of the city bus terminal. The CPC’s investigation was prompted by a complaint of a bus company Hebros Bus OOD (...)

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 Australian Competition Tribunal ‘undeclares’ third party access for rail lines company applying ‘private profitability’ test to 44H(4)(b) (The Pilbara Infrastructure Pty)
Deakin University (Geelong)
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 Irish Competition Authority launches a public consultation as part of its study of competition in the national ports sector
Irish Competition Authority (Dublin)
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 Federal Court of Justice of Germany clarifies that ‘legal impossibility’ can be used as a justification for denying a potential competitor access to essential facilities and provides guidance on the respective burden of proof (Ferry Port Puttgarden II)
Freshfields Bruckhaus Deringer (Berlin)
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Hogan Lovells (Munich)
I. The Facts Scandlines Deutschland GmbH (Scandlines) is the owner of the Puttgarden/Fehmarn ferry port in Germany and the sole provider of ferry services between Puttgarden and Rødby/Lolland in Denmark. Two Norwegian shipping companies sought access to the ferry port in Puttgarden in order to (...)

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 Italian Competition Authority fines rail incumbent for abusing its dominant position in the markets for passenger rail transport (Ferrovie dello Stato)
European Commission (Brussels)
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 Bulgarian Competition Authority approves commitments in a case of alleged abuse of dominant position (MPT / SP Dina)
Djingov, Gouginski, Kyutchukov & Velichkov (Sofia)
By a decision of 22 May 2012 the Commission on Protection of Competition (the “CPC”) approved proposal for commitments (the “Commitments Decision”) by a bus station operator in the framework of an investigation for abuse of dominant position by way of application of different provisions to (...)

The Latvian Competition Authority fines an airport for abuse of dominant position (Ryanair, airBaltic)
European Commission (Brussels)
Latvia: Riga International Airport fined for Abuse of Dominant Position* On 10 February 2012, the Competition Council (CC) took a decision establishing that Riga International Airport (Airport) had abused its dominant position by charging to the Irish airline Ryanair substantially lower prices (...)

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 Council requests that the Minister for Transport changes aviation legislation which prevents competition in Copenhagen airport (Københavns Lufthavne)
Danish Competition and Consumer Authority (Copenhagen)
On 25 January 2012, the Danish Competition Council sent a letter to the Minister for Transport and the Minister for Business and Growth requesting that the aviation legislation be amended to allow the construction of a new competing terminal in Copenhagen airport next to the existing terminals (...)

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 (...)

The Danish Competition Council decides on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions (CPH Go)
European Commission (Brussels)
Denmark: Terms of Use for Low Cost Facility at Copenhagen Airport found Discriminatory* On 21 December 2011, the Danish Competition Council decided on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions. The case regards the Danish (...)

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)
AnJie Law (Beijing)
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)
BA-HR (Oslo)
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 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 Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport)
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 (New York)
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 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 (Vilnius)
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 (Brighton)
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 Italian Antitrust Authority finds no abusive conduct for travel facility access and accepts commitments for maintenance area access (NTV/RFI-Accesso al Nodo di Napoli)
University Bocconi (Milan)
On October 22nd, 2009, the Italian Competition Authority (hereinafter: AGCM) handed down two distinct rulings which concluded the investigatory proceedings concerning FS (Ferrovie dello Stato) and RFI (Italian Railway Network). The two companies were allegedly engaged in abusive excluding (...)

The Bulgarian Competition Authority applies economic value test in assessment of the alleged exploitative abuse of dominance committed by the bus terminal administration (Avtobusni prevozi)
Faculty of Law - University of Macau
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)
Faculty of Law - University of Macau
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 Bulgarian Supreme Administrative Court rules on the abuse of dominant position committed by the bus terminal administration in setting the service charges paid by the bus operators (Avtobusni prevozi)
Faculty of Law - University of Macau
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 authority in the city of Pleven abused its dominant position by imposing unfair prices and trading conditions, as (...)

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 French Competition Authority dismisses a complaint regarding an alleged abuse of dominant position on the market for passenger transport between Paris and London (Eurostar)
French Competition Authority (Paris)
Paris-London: The Conseil de la concurrence considers that Eurostar did not adopt a predatory behaviour aimed at eliminating competition.* Following a complaint filed by British Airways on 18 November 2004, concerning an alleged abuse of dominant position on the part of the SNCF and Eurostar (...)

The Lithuanian Supreme Administrative Court orders investigation on alleged abusive access conditions to airport facilities (flyLAL)
Lithuanian Competition Council (Vilnius)
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 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 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 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 (Vilnius)
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 Competition Authority opens investigations into two airports for alleged excessive pricing and abuse of dominant position (Aeroporti di Roma / Milano)
Freshfields Bruckhaus Deringer (Rome)
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University of Palermo
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 Competition Authority maintains that the refusal of access by a bus station operator to a non-essential facility may amount to an abuse of dominant position (CSAD Liberec)
Czech Ministry of Justice (Prague)
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 an 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 Competition Authority declares that the refusal of access to a bus station to competing bus line operators does not amount to an abuse of dominant position (CAS-Service)
Czech Ministry of Justice (Prague)
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Czech Ministry of Justice (Prague)
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 of 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 a bus station operator’s 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)
Czech Ministry of Justice (Prague)
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 Authority finds that a state owned port complex engaged in discriminatory pricing for access to an essential facility (Termoil)
EFTA Surveillance Authority (Brussels)
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 EU Commission finds that a German airport abused its dominant position by refusing to grant access to facilities to some airline carriers (Frankfurt airport)
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 EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
DG COMP (Brussels)
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions. Daimler and BMW, both active in car (...)

The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
Van Bael & Bellis (Brussels)
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other on-demand (...)

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)
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 acquisition of sole control of the Keolis group by SNCF to the Autorité de la concurrence . (...)

The US Department of Justice approves a merger between two airlines, subject to an undertaking to lease routes to a competitor (United / Continental)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ cleared the merger between United and Continental Airlines, pursuant to their agreement to lease routes for 18 round-trip flights to and from Newark Liberty International Airport to Southwest Airlines. As a surprise to many, the DOJ’s analysis determined that the flight routes and (...)

The French Competition Authority conditionally clears an acquisition in the public transport sector (SNCF / Keolis / Effia)
Van Bael & Bellis (Brussels)
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 UK Competition Authority decides not to refer to phase II a completed acquisition in the airline sector, subject to undertakings (Air France-KLM / VLM)
Lenstore
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 EU Commission conditionally clears a merger in the railway sector (Deutsche Bahn / English Welsh & Scottish Railway Holdings)
JG Associates (Brussels)
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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 an 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 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)
Geneva University
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 on an airline for refusing to give slots to new market entrants (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 (...)

The OECD holds a roundtable on airline mergers and alliances
OECD - Competition Division
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Travellers differ widely, in (...)

State Aid

The EU Court of Justice rules that allowing London taxis to use bus lanes while prohibiting private hire vehicles from doing so does not constitute State aid (Eventech / Parking Adjudicator)
University of Bristol - Law School
A criticism of the CJEU’s ruling that allowing London taxis to use bus lanes while prohibiting private hire vehicles from doing so does not appear to involve State aid (Eventech, C-518/13)* In its judgment of 14 January 2015 in Eventech (C-518/13, EU:C:2015:9), the Court of Justice of the EU (...)

The EU Advocate General analyses whether the UK rule allowing black taxis to use bus lanes, while preventing private hire vehicles from doing so, amounts to State aid (Eventech)
University of Bristol - Law School
Neighbouring the Uber conflicts: AG Wahl’s Opinion on London’s bus/taxi lanes as State aid (C-518/13)* The attention raised by recent complaints and strikes against Uber’s intended revolution of the local ground transportation system in big cities has put the taxi sector on the spotlight. This is (...)

The EU Commission finds that a German noise reduction measure is compatible with the internal market under Article 93 TFEU (German Freight Wagons)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice upholds the finding that the construction of a new runway is inherently related to economic activity, and 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?* The financing and construction of transport infrastructure has often been considered in the past to fall outside the ambit of State aid rules, on the basis (...)

Regulatory

The New Zealand Competition Authority invites views on the revision of the cost of capital input methodologies that apply to electricity lines services, gas pipeline services and specified airport services
New Zealand Commerce Commission (Wellington)
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 Australian Competition Authority decides not to object to a proposal by a monopoly operator to increase prices for air traffic control and aviation fire-fighting and rescue services (Airservices Australia)
Australian Competition and Consumer Commission (Canberra)
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 Australian Competition Authority issues a draft decision to accept commitments regarding port terminal services access (CBH)
Australian Competition and Consumer Commission (Canberra)
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 Irish Competition Authority submits that proposed new taxi regulations could create barriers to entry, increasing prices and waiting times for taxi users
Irish Competition Authority (Dublin)
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 Authority seeks views on port terminal access arrangements at Newcastle (GrainCorp)
Australian Competition and Consumer Commission (Canberra)
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 Irish Competition Authority publishes a study of competition in the ports sector, finding that competition in port services could be improved
Irish Competition Authority (Dublin)
Competition Authority recommends changes to improve competition in Irish ports* The Competition Authority has published on 29 November 2013 a study of competition in the ports sector in Ireland which found competition in port services could be improved. The study was commissioned by Minister (...)

The Australian Competition Authority issues a draft decision proposing to consent to a variation in an access agreement as regards a port terminal for bulk wheat export (Viterra)
Australian Competition and Consumer Commission (Canberra)
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 market entrants’ access to passenger railway stations
French Competition Authority (Paris)
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 but also, henceforth, to establish minimum safeguards in view of the 2011-2012 season* (...)

The Polish Competition Authority issues a report on the development of competition and consumer protection on the 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 in the passenger rail transport sector
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 (...)

An Italian regional administrative Court finds the provisions of two ports’ regulations on self-handling of port operations unlawful and annuls refusal to authorise 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 the Government’s temporary exclusive concession of a yacht yard in favour of an undertaking (S & D Yachts)
Sciberras & Lia (Valletta)
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 rail 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 a 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 (London)
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 OECD holds a roundtable on access to key transport facilities
OECD - Competition Division
Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí submissions and the background paper, several key points emerge. (1) New entrants in transportation markets often require access to key infrastructure. Public policies about infrastructure access (...)

The Council of the EU adopts a final package of measures for the liberalisation of the Community’s internal air transport market
European Commission - DG AGRI
,
DG CNECT (Brussels)
"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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