Introduction I did not play with a train set nor did I collect model planes as a child but one cannot work for the transport sector without developing a passion for it and embracing its objective of linking countries and people. It is therefore a great honour for me to have been asked to write this foreword to the special issue of e-Competitions on access to facilities in the transport (...)
Transport & Access to facilities
Unilateral Practices
The Albanian Competition Authority initiates a preliminary investigation on a potential abusive practice in the taxi services market for airport commuting and imposes interim measures against an international airport (Tirana International Airport)
The Albanian Competition Commission (ACC), through Decision (DCC) No. 984, dated May 11, 2023, has initiated a preliminary investigation procedure and subsequently has imposed interim measures against Tirana International Airport LLC (TIA) in the taxi services market for commuters traveling to (...)
The Italian Competition Authority accepts the commitments offered by the national rail incumbent over its proposed grant of data access to a rival high-speed rail services provider for the purposes of selling combined tickets (Trenitalia / NTV)
On 18 April 2023, the Italian Competition Authority (“ICA”) accepted commitments offered by the Italian national rail incumbent, Trenitalia S.p.A. (“Trenitalia”), whereby Trenitalia will grant Italo – Nuovo Trasporto Viaggiatori (“NTV”), its competitor in high-speed rail transport services, (...)
The Bulgarian Competition Authority issues a Statement of Objections over abuse of dominance by undertakings of the same corporate group in the freight rail transport industry (DP NKZI / BDZ TP)
The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests*
With Ruling № 67/19.01.2023 on case № (...)
The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately €20M on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company *
The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)
The EU Court of Justice upholds a finding of abuse of dominance by a national railway company in the Lithuanian freight market (Lietuvos geležinkeliai)
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) upheld the General Court’s judgment fining the Lithuanian national railway company, Lietuvos geležinkeliai AB (“LG”), € 20 million for abusing its dominant position in the Lithuanian freight market (Case C-42/21 P). (...)
The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business*
The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)
The Australian Competition Authority settles allegations that port operator misused its market power by charging an access fee for marine services, which is likely to substantially lessen competition (Tasmanian Ports Corporation)
The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the Competition and Consumer Act ("CCA"), amended in 2017, that prohibits "misuse of market power". The 2017 amendment prohibits a company with market power from pursuing (...)
The Australian Government decides that the shipping channel service at a bottleneck port infrastructure will remain unregulated (Port of Newcastle)
In a decision that will be welcomed by many of Australia’s port operators, for the second time in less than two years, the Federal Treasurer has decided that the shipping channel service at the Port of Newcastle should not be regulated.
The Treasurer’s decision on 16 February 2021 is in (...)
The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position in the national rail freight market (Lietuvos geležinkelai)
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market*
Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)
The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position in the national rail freight sector (Lietuvos geležinkelai)
On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but (...)
The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications
1) Introduction
On November 18, 2020, the General Court of the European Union (“General Court”) upheld (...)
The Mexican Competition Authority initiates an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market
On October 31, 2019, COFECE published in the Federal Official Gazette an official Notice that initiated an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market, including the production, importation, storage, transportation, (...)
The Moldovan Competition Authority prosecutes the company managing a bus terminal for imposing unfair trading conditions on the passenger bus operators (Telautogar)
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 (...)
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)
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 (...)
The EU Commission fines the incumbent Lithuanian railway company €28 million for abuse of dominance (Baltic Rail)
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 (...)
The Montenegrin Competition Authority fines a port operator and its director for abuse of dominance (Luka Kotor)
The Montenegrin antitrust authority, the Agency for Protection of Competition of Montenegro (“Agency“), announced that the Higher Misdemeanour Court of Montenegro imposed on 10 July 2018 a fine in the amount of EUR 27,249.54 on the Montenegrin port operator “Luka Kotor” A.D. (“Luka Kotor“) for (...)
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)
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 Authority terminates the investigation of alleged abuse of dominance in the maritime industry (Vakarų Laivų Gamykla)
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 (...)
The Moscow Arbitration Appeal Court confirms that the Federal railway transport agency has unreasonably 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 Russian Arbitration Court upholds the Competition Authority’s decision sanctioning railway company for abuse of dominance (Russian Railways)
The Court found that “Russian Railways” OJSC violated the antimonopoly law*
On 12th March 2014, the Federal Arbitration Court of the Moscow District confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Russian Railways” OJSC (...)
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)
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 (...)
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 England & Wales High Court 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)
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)
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 (...)
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)
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 (...)
Mergers
The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
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 (...)
The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
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 (...)
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)
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)
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. (...)
Procedures
The EU Court of Justice clarifies the scope of the essential facilities doctrine in a case involving the Lithuanian national railway (Lietuvos geležinkeliai)
On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law (Bronner), the Court confirmed that the Bronner case law did not apply to the (...)
The Australian High Court grants leave to appeal the decision of the Federal Court regarding access to the Port of Newcastle (Port of Newcastle Operations / Glencore)
On 12 March 2021, the High Court of Australia (the "High Court") granted Port of Newcastle Operations Pty Ltd ("PNO") special leave to appeal the decision of the Full Court of the Federal Court of Australia ("Full Court") regarding access to the Port of Newcastle (the "Port").
Key takeaways (...)
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
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)
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)
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 New Zealand Commerce Commission issues final report on the effectiveness of the information disclosure regulation in relation to international airport (Christchurch)
Press releases published on New Zealand Commerce Commission
Commission issues final report on Christchurch International Airport*
The Commerce Commission has released its final report to the Ministers of Commerce and Transport on the effectiveness of the information disclosure regulation (...)
The Irish Competition Authority submits that proposed new taxi regulations could create barriers to entry, increasing prices and waiting times for taxi users
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)
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 (...)
The Irish Competition Authority publishes a study of competition in the ports sector, finding that competition in port services could be improved
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 (...)
Anticompetitive practices
The Spanish Competition Authority clarifies how it will monitor the prices paid by train companies for access to stations, freight terminals and workshops (Adif / Renfe ...)
The CNMC clarifies how it will monitor the prices paid by train companies for access to stations, freight terminals and workshops.* Passenger and freight companies rely on access to these facilities, owned by Adif, Renfe and other companies, in order to operate. According to the regulations, (...)
The UK Competition Authority imposes interim measures while it prolongs due to COVID-19 pandemic its investigation of an updated agreement between major airlines on providing slots to other competitors on certain UK-US routes (Atlantic Joint Business Agreement)
CMA acts to protect competition on UK-US airline routes*
Due to coronavirus, the CMA has imposed measures to protect competition on UK-US air routes while it investigates an agreement involving BA and American Airlines.
The next year will see the expiry of remedies in place under a set of (...)
The EFTA Surveillance Authority closes investigation into alleged abuse of dominant position by ferry operator and municipality (Color Line / Sandefjord Municipality)
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 (...)
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)
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)
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 Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)
ACCC allows minor variations to AAT joint venture authorisation*
The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture.
The minor variations will enable AAT to operate the (...)