Transport (rail)

Anticompetitive practices

The EU Commission sends statement of objections to Czech and Austrian rail incumbents over alleged collective boycott (České dráhy / Österreichische Bundesbahnen)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to České dráhy and Österreichische Bundesbahnen over alleged collective boycott* The European Commission has informed České dráhy (‘ČD’) and Österreichische Bundesbahnen (‘ÖBB’), the Czech and Austrian rail incumbents, of its preliminary view that they (...)

The Spanish Competition Authority opens public consultation on the cost of access to railway stations, freight terminals and workshops
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens a public consultation on the cost of access to railway stations, freight terminals and workshops.* Access to these facilities, which belong to Adif, Renfe and other companies, is essential to allow freight and passenger transport companies to operate. The document will clarify (...)

The Australian Competition Authority announces a new working group of the Five Eyes competition authorities with a focus on collusion in international trade
Australian Competition and Consumer Commission (Canberra)
Five Eyes competition authorities to focus on collusion in international trade* Global efforts to prevent anti-competitive conduct from occurring in the supply and distribution of goods will be boosted by a new working group announced today between the ACCC, US Department of Justice and (...)

The UK Competition Authority announces a new working group of Five Eyes Competition Authorities putting companies involved in global supply chains on notice not to collude
United Kingdom’s Competition Authority (CMA) (London)
International agencies put supply chains on notice against collusion* A new working group of international competition authorities has put companies involved in global supply chains on notice not to collude. The working group is made up of competition authorities from the “Five Eyes” nations: (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The Spanish High Court quashes the competition authority’s fine against a railway company for market sharing, price fixing and exchange of sensitive commercial information in relation to the supply of railway switches (JEZ Sistemas Ferroviarios)
Callol, Coca & Asociados (Madrid)
The High Court, by Judgement of 27 December 2021 upheld the appeal filed by JEZ Sistemas Ferroviarios, S.L. (JEZ) against the Decision of the National Markets and Competition Commission (CNMC) of 30 June 2016, INFRAESTRUCTURAS FERROVIARIAS, file S/0519/14 (CNMC Decision). The CNMC Decision (...)

The Paris Court of Appeal dismisses separate follow-on damages claim by a director and a main shareholder of a company having already been granted compensation for the damage suffered further to anti-competitive practices
Gide Loyrette Nouel (Paris)
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Gide Loyrette Nouel (Paris)
On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel (...)

The Spanish Competition Authority imposes fines totaling €127 million for participation in a cartel that fraudulently divvied up at least 82 tenders in the railway sector (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC imposed fines of more than 127.8 million euros on the main security, signaling and communications systems companies of AVE’s medium-distance and commuter network in Spain.* For 15 years, these companies made up a cartel that divvied up tenders called for by Adif, with a value of more (...)

The Spanish Competition Authority fines railway companies a total of €127.3 million for bid-rigging the main security, signaling and communications systems companies in connection with the high-speed train’s commuter network in Spain (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Callol, Coca & Asociados (Madrid)
The CNMC has fined a total of €127.3 million on Alstom, Bombardier, CAF, Cobra, Nokia, Siemens and Thales, and ten of their executives for their participation in a cartel prohibited by Articles 1 LDC and 101 TFEU. Specifically, the companies created a cartel that fraudulently rigged at least 82 (...)

The Australian Competition Authority seeks insights on the interstate rail network regulation
Australian Competition and Consumer Commission (Canberra)
ACCC seeks insights on interstate rail network regulation* The way that Australia’s interstate rail network is regulated is under review and the ACCC has today released an issues paper calling for input from businesses that rely on the network. The interstate rail network runs across five (...)

The EU Commission imposes fines totalling €48M on 3 railway companies for participating in a cross-border customer allocation cartel (ÖBB / DB / SNCB)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
On 20 April 2021, the EC issued its settlement decision by which it fined Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen (SNCB) a total of approximately EUR 48 million for participating in a cross-border customer allocation (...)

The EU Commission fines three EU railway companies €48 million for market sharing (OBB / DB / SNCB)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines three EU railway companies €48 million for customer allocation cartel* The European Commission has fined railway companies Österreichische Bundesbahnen (ÖBB), Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges / Nationale Maatschappij der Belgische (...)

The Mexican Competition Authority notifies economic agents of a statement of probable responsibility for possible collusion in the market of land passenger transportation
Mexican Competition Authority (Mexico City)
COFECE notifies economic agents of a statement of probable responsibility for a possible collusion in the market for land passenger transportation* With this notification of a statement of probable responsibility, the trial-like procedure initiates, in which the economic agents can present (...)

The Czech Competition Authority upholds the decision on a prohibited agreement in the rail freight transport sector (AWT / Interfracht / Argo Logistics / Spedica)
Czech Competition Authority (Brno)
THE CHAIRMAN OF THE OFFICE UPHELD THE DECISION IN CARPATHIA CARTEL CASE, ONE OF THE FINES SUBJECT TO REASSESSMENT* The Chairman of the Office, Petr Mlsna, upheld the decision on a prohibited agreement in the field of rail freight transport, the so-called Carpathia Cartel. The Chairman of the (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Leniency programmes and settlement procedures are commonly used by the Czech Office for the Protection of Competition (“Office”). The leniency programme was used as a “soft law” by the Office since 2001 to promote discovery of unlawful horizontal agreements. As for the settlement procedure, it (...)

The Czech Competition Authority fines a national transport company for participating in a cartel revealed by the leniency programme (Sudop / VUZ)
Czech Competition Authority (Brno)
Railway design cartel revealed thanks to leniency programme, the office imposed fine on sudop praha* By its first-instance decision, the Office for the Protection of Competition punished bid rigging agreement on projecting high-speed rails concluded by SUDOP PRAHA a. s. (hereinafter referred (...)

The Spanish Competition Authority includes a transport company in the proceedings initiated against several undertakings that maintain and operate the national highway network (Ferrovial Servicios)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC includes Ferrovial Servicios in the disciplinary proceedings initiated against several companies that maintain and operate the national highway network* In 2019, the CNMC opened an investigation into some of the main companies in the sector for potential anti-trust practices. These (...)

The French Competition Authority receives a request by the national railway company to revise the commitments made in 2014 regarding the sale of train tickets (SNCF)
French Competition Authority (Paris)
SNCF has requested the revision of commitments made in 2014 regarding the sale of train tickets* SNCF, which undertook commitments before the Autorité de la concurrence in 2014 concerning the terms of train ticket sales online, is now requesting for them to be revised, arguing that the (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
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Hogan Lovells (Dusseldorf)
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
Spieker & Jaeger (Dortmund)
The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in practice. (...)

The Polish Competition Authority fines six manufacturers of wooden railroad sleepers for bid-rigging (Track Tec / Kolejowe Zakłady Nawierzchniowe / Sleeper Treatment Plant in Czeremcha / Sleeper Treatment Plant in Koźmin Wielkopolski / ThyssenKrupp / Trade-Port)
Polish Competition Authority (Warsaw)
Bid rigging - decision of the president of UOKiK* President of UOKiK Tomasz Chróstny imposed a fine of over PLN 13.5 million on six manufacturers of wooden railroad sleepers. The entrepreneurs entered into a bid rigging for the delivery of products for PKP PLK. The following entrepreneurs (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against an information technology company in public procurement by the Ministry of Railways due to lack of evidence (Sowil / Hexagon Geosystems India)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS In the absence of any material on record which can suggest collusion, no case of anti-competitive agreement can be made out. In addition, for a case of abuse of dominance, one must take into consideration the market structure and the number of major players including, global players (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which proceeded to give leniency to two companies involved in cartel cases in the transport sector during the COVID-19 pandemic (Automotive Bearing / Railway Locomotive) Free
National University of Study and Research in Law (Ranchi)
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AZB & Partners (Mumbai)
CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the current (...)

The Indian Competition Authority refuses to penalize railway companies for bid-rigging due to economic downturn caused by COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS While the CCI found sufficient evidence to hold that there existed a contravention of Section 3(3) of the Act, given the economic downturn due to the pandemic faced by Micro Small and Medium Enterprises (“MSMEs”) in India, and other public interest considerations, the CCI imposed no (...)

The Indian Competition Authority identifies cartels but does not impose any penalty amidst the COVID-19 pandemic (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Nirma University (Ahmedabad)
The Indian antitrust watchdog has changed its modus operandi in the ensuing pandemic, by taking a softer stance on cartel-like behaviour in the Micro Small and Medium Enterprises (MSME) sector. In July 2020, the Competition Commission of India (‘Commission’), while proving the existence of a (...)

The Indian Competition Authority refrains from imposing fines and imposes a cease and desist order on multiple rail companies guilty for cartelization but avoids fining due to companies’ size and the economic impact of COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Following references by procurement officials of a number of railway companies, the Competition Commission of India (CCI) found that 10 suppliers of composite brake blocks had, at least from 2009 to 2017, engaged in cartelization, by means of directly or indirectly determining prices, (...)

The Czech Competition Authority imposes fines for illegal cartel agreement in the rail freight transport market (AWT / Interfracht / Argo Logistics / Spedica)
Bird & Bird (Prague)
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Bird & Bird (Prague)
On 22 June 2020 the Czech Office for the Protection of Competition (Office) published a press release (without publishing the full decision yet) regarding fines imposed for concluding and executing a prohibited cartel agreement regarding train projects Carpathia, Sylvania, and New Carpathia. (...)

The Indian Competition Authority issues two cease and desist orders in recent leniency decisions concerning railway companies and four industrial and automotive bearings manufacturers but avoids fining due to companies’ size and the economic impact of COVID-19 (Schaeffler / SKF / NEI / Tata) (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Khaitan (Mumbai)
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Khaitan (New Delhi)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Two recent cartel findings in quick succession, yet no penalties in either. Strange as it may seem, it is true. We speak of the Competition Commission of India (...)

The UK Court of Appeal upholds the ruling of the Competition Appeal Tribunal in its schemes governing suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
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ADNOC Group (Abu Dhabi)
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 (...)

The Portuguese Competition Authority imposes a €1.8 million fine for bid-rigging in the railway maintenance sector (Fergrupo / Somafel)
Vieira de Almeida (Lisbon)
On 4 March 2020, the Portuguese Competition Authority (“PCA1’) has imposed a total of €1.8 Million fines against Fergrupo - Construções e Técnicas Ferroviárias, SA (“Fergrupo”) and Somafel - Engenharia e Obras Ferroviárias (‘’Somafel”)—as well as one director of each company—both operating on the market of (...)

The Portuguese Competition Authority fines five companies and five board members or directors involved in a cartel in railway maintenance (Construções / Técnica Ferroviárias / Somafel / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC adopts sanctioning decision which concludes proceedings against railway maintenance companies with a total fine of €3.4 M and disqualification of participation in public tenders* The AdC (Portuguese Competition Authority) today adopted a sanctioning decision that concludes the process (...)

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
National University of Study and Research in Law (Ranchi)
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
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European Court of Justice (Luxembourg)
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The EU Commission closes a proceeding against a Slovak railway company suspected to have obstructed an inspection (ZSSK)
European Commission - DG COMP (Brussels)
Antitrust: Commission closes proceedings against Slovak rail company ZSSK related to an inspection* On 25 September 2018, the European Commission sent a Statement of Objections to the Slovak rail company ZSSK. The Commission informed ZSSK about its preliminary view that the company obstructed (...)

The Croatian Competition Authority dismisses a complaint that a company violated competition rules in the transport market (HŽ Infrastruktura)
Croatian Competition Agency (Zagreb)
HŽ Infrastruktura – lack of standing to act* The Croatian Competition Agency (CCA) received an anonymous complaint regarding the alleged infringement of competition rules by the undertaking HŽ Infrastruktura d.o.o. within the meaning of Competition Act. The anonymous complainant basically stated (...)

The French Competition Authority rejects a referral denouncing an agreement between companies responding to a tender for the extension of the tramway network (Communauté urbaine de Bordeaux)
French Competition Authority (Paris)
Extension of the Bordeaux tram* The Autorité de la concurrence rejects the referral filed by the communauté urbaine de Bordeaux (Bordeaux metropolitan area) in the absence of solid evidence. The complaint lodged by the communauté urbaine de Bordeaux The communauté urbaine de Bordeaux (CUB), now (...)

The Portuguese Competition Authority fines two companies and one of its managers for participating in a horizontal agreement in the railway maintenance services sector (Mota-Engil / Engenharia e Construção)
Portuguese Competition Authority (Lisbon)
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services* The AdC imposed fines totalling 906.485,58 euros on Mota-Engil – Engenharia e Construção, S.A., and one of its managers, for participating in a horizontal agreement (cartel), (...)

The Spanish Supreme Court declares that members of governing bodies of companies may be penalised for competition law infringements and that their identity can be revealed (Infraestructuras Ferroviarias)
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
In its judgment dated 9 April 2019, the Spanish Supreme Court (the ’SC’) found that the members of the governing bodies of undertakings that infringe competition rules can be penalised for their participation in those infringements regardless of the individual or collegiate nature of the (...)

The Spanish Supreme Court confirms an extensive interprétation of the concept of ’governing body’ of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Cesar)
Baker McKenzie (Madrid)
In two recently issued judgments the Spanish Supreme Court upheld two judgments of the Audiencia Nacional confirming the fines imposed by a decision of the Spanish Competition Authority (“CNMC”) on two managers in a case regarding anticompetitive agreements in the market for railway turnouts. In (...)

The Spanish Supreme Court confirms fines on company for their participation in cartel agreements and publishes the names of the individual in the fining decision (Cesar)
Cuatrecasas (Barcelona)
On March 28, 2019, the Spanish Supreme Court (Tribunal Supremo) issued a judgment confirming that the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) can (i) impose fines on company executives for their participation in cartel (...)

The Mexican Competition Authority investigates the rail transport of chemical and petrochemical products and determines that there is a lack of effective competition (Veracruz)
Mexican Competition Authority (Mexico City)
COFECE’s Investigative Authority preliminarily determines the lack of effective competition in the rail transport of chemical and petrochemical products in the south of the state of Veracruz* The Investigative Authority’s Preliminary Opinion stipulates that lack of competition affects the rail (...)

The Spanish Competition Authority imposes fines totalling € 118 million on railway infrastructure companies for participating in a cartel (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Van Bael & Bellis (Brussels)
On 14 March 2019, the Spanish competition authority (“CNMC”) imposed fines totalling € 118 million on fifteen companies, namely Cobra, Elecnor, Siemens, Semi, Inabensa, Alstom, Cymi, Isolux, Electren, Comsa, Indra, Neopul, Telice, Eym and Citracc, for their involvement in a cartel on the market (...)

The Spanish Competition Authority fines €188 million 15 companies for colluding in public tenders in the railway market (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 14 March 2019, the Spanish Competition Authority ("CNMC") fined Siemens, Alstom and 13 other companies with a total of 118 million euros for colluding in public tenders convened by the Spanish Administrator of Railways of Infrastructures (“ADIF”). The CNMC has identified three separate (...)

Unilateral Practices

The Italian Competition Authority starts an antitrust investigation against the incumbent operator for abuse of dominance in the markets for regional and intercity rail links (Trenitalia)
Giannino SI (Monserrato)
The facts of the case In the High Speed and Regional Rail Transport case, the Italian Competition Authority (ICA) has decided to open an Article 102 TFEU enquiry against Trenitalia Spa (TI). In addition to being a high-speed (HS) train operator in competition with Nuovo Trasporto Viaggiatori (...)

The German Competition Authority issues statement of objections against contractual clauses used in train mobility platforms as constituting abuse of market power (Deutsche Bahn)
German Competition Authority (Bonn)
Fair competition for digital mobility services – Bundeskartellamt issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms * The Bundeskartellamt has come to the preliminary conclusion that certain practices and contractual clauses used by Deutsche (...)

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s earlier (...)

The EU General Court rules that the Commission may not refer an abuse of dominance case to the Polish Competition Authority because of systemic failings and general deficiencies in the rule of law (Sped-Pro)
DalDeWolf (Brussels)
The General Court annuls Commission’s decision declining a complaint against a company controlled by Poland, about an abuse of dominant position on the polish market of rail freight transport services. I. The parties The parties of this judgment are Sped-Pro (the applicant), a company (...)

The EU General Court annuls the decision of the Commission rejecting a complaint against a state-owned logistics operator concerning its alleged abuse of dominance on the market for rail freight transport services in Poland (PKP Cargo)
General Court of the European Union (Luxembourg)
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland* The General Court examines for the first (...)

The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amounts to an abuse of dominant position notwithstanding regional factors (DB Netz)
Arnold & Porter Kaye Scholer (Frankfurt)
Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure subsidiary (...)

The German Federal Supreme Court rules that infrastructure usage charges may infringe competition law where the pricing system is non-transparent, largely defies rational justification and does not comply with the statutory pricing system (DB Netz / Deutsche Bahn)
Arnold & Porter Kaye Scholer (Frankfurt)
On 21 September 2021, the German Federal Supreme Court ruled on infrastructure usage charges in its second judgement concerning track path prices (KZR 88/20 - Trassenentgelte II) and formulated the following guiding principles: a) If a market-dominating company which has a significant (...)

The Dutch Trade and Industry Appeals Tribunal upholds the annulment of the nearly €41 million abuse of dominance fine imposed by the Competition Authority against a railway company (Nederlandse Spoorwegen)
KPN (Amsterdam)
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Bird & Bird (The Hague)
On 1 June 2021 the Dutch Trade and Industry Appeals Tribunal (“CBb”), which is the highest administrative court in the Netherlands, upheld the annulment of the nearly € 41 million abuse of dominance fine imposed by the Authority for Consumers and Markets (“ACM”, the Dutch competition authority) on (...)

The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominant position (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

The Latvian Competition Authority imposes a €5.69 million fine on state-owned rail freight company for abuse of its dominant position (LDZ Cargo)
Van Bael & Bellis (Brussels)
On 3 February 2021, the Latvian Competition Council (“LCC”) announced that it had fined the state-owed rail freight company, LDZ Cargo, €5.69 million for committing two abuses of its dominant position on the Latvian rail freight market (on which it held a market share of between 70% and 80% (...)

The Latvian Competition Authority fines a national public capital company for abuse of a dominant position in the railway transports sector (Ldz cargo)
Latvian Competition Council (Riga)
The CC imposes a fine on the public capital company “LDZ CARGO” for abuse of a dominant position* The Competition Council of Latvia (the CC) detected that since 2007 the public capital company “LDZ CARGO”, abusing a dominant position, made it more difficult for competitors to operate in rail (...)

The Danish Maritime and Commercial High Court upholds the Competition Authority’s decision finding an abuse of dominance and an anti-competitive agreement between a German internal combustion engine manufacturer and its national distributor in the railway sector (Deutz / Diesel Motor Nordic)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The case centred around a consortium that was handling the renovation of the engines of the IC3 trains of the Danish State Railways. A member of the consortium, Fleco ApS (Fleco), was in several ways restricted from buying spare parts to be used in the renovation of the train engines. The (...)

The Danish Maritime and Commercial High Court confirms the Competition Authority’s decision stating that a German engine manufacturer abused its dominant position (Deutz / Diesel Motor Nordic)
Danish Competition and Consumer Authority (Copenhagen)
Danish Maritime and Commercial High Court: Deutz and Diesel Motor Nordic infringed competition legislation by preventing the supply of spare parts for the IC3-trains* On 11 January 2021, the Maritime and Commercial High Court has confirmed that Deutz abused its dominant position by refusing to (...)

The Russian Ninth Arbitration Appeal Court upholds the decision of the Competition Authority in respect of national railways abusing their dominant position (Russian Railways JSC)
Russian Federal Antimonopoly Service (Moscow)
The appeal upheld the decision of the FAS Russia in respect of Russian railways* Earlier, the Authority recognized the company as violating antimonopoly legislation The Ninth Arbitration Appeal Court supported the position of the Antimonopoly Service in the case against Russian Railways JSC. (...)

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position on the national rail freight sector (Lietuvos geležinkelai)
Van Bael & Bellis (Brussels)
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 reduced the (...)

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)
General Court of the European Union (Luxembourg)
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 Commission sends a statement of objections to state-owned Czech rail incumbent for alleged predatory pricing (České dráhy)
European Commission - DG COMP (Brussels)
Antitrust: The Commission sends Statement of Objections to České dráhy for alleged predatory pricing* The European Commission has informed the state-owned Czech rail incumbent České dráhy (ČD) of its preliminary view that ČD has breached EU antitrust rules by charging prices below costs. Executive (...)

The Indian Competition Authority finds no dominance and therefore dismisses a case against a public transport company for alleged abuse of dominance in the parking services sector (Delhi Metro Rail)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS A government-owned corporation is an enterprise within the meaning of the Competition Act if it engaged in economic activity and can be investigated for violation of provisions of the Competition Act. BRIEF FACTS Dhiraj Gupta, a sole proprietor secured the license for parking (...)

The EU Court of Justice dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)
Ashurst (Brussels)
On 30 January 2020, the European Court of Justice dismissed the appeals in joined cases C-538/18 P and C-539/18 P brought by Czech national rail carrier České dráhy, which sought to set aside the judgments of the General Court in cases T‑325/16 and T‑621/16 upholding the European Commission’s (...)

The Italian Competition Authority rules that 3 companies have abused their dominant position in the markets for rail infrastructure management and regional rail passenger transportation services (FS / RFI / Trenitalia)
Cleary Gottlieb Steen & Hamilton (Milan)
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Cleary Gottlieb Steen & Hamilton (Milan)
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Cleary Gottlieb Steen & Hamilton (Rome)
On July 31, 2019, the ICA issued a decision stating that Ferrovie dello Stato Italiane S.p.A. (“FS”), Rete Ferroviaria Italiana S.p.A. (“RFI”) and Trenitalia S.p.A. (“Trenitalia”) had abused their dominant position in the markets for rail infrastructure management and regional rail passenger (...)

The Rotterdam District Court annuls a €41 million fine imposed on a rail transport incumbent for allegedly abusing its dominant position (Nederlandse Spoorwegen)
Bird & Bird (The Hague)
,
KPN (Amsterdam)
On 27 June 2019 the District Court of Rotterdam annulled the decision of the Authority for Consumers and Markets ("ACM", the Dutch competition authority) to impose a fine of € 41 million on Dutch rail transport incumbent N.V. Nederlandse Spoorwegen ("NS") for abusing its dominant position (100%) (...)

The Rotterdam District Court annuls a €41 million fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
Bird & Bird (The Hague)
,
Bird & Bird (Amsterdam)
ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 (...)

The Russian Competition Authority opens proceedings against a railway company suspected of fixing monopolistically high prices (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
THE ANTIMONOPOLY SERVICE OPENED A CASE AGAINST RUSSIAN RAILWAYS* FAS exposed elements of fixing monopolistically high price for heating energy in the form of steam The Antimonopoly Service received a complaint from “Rikwest-Service” Ltd. about signs of violating the antimonopoly law by Samara (...)

Mergers

The EU Commission approves an acquisition of an engineering firm by a rival, subject to a divestment of the acquirer’s railway installation business (Bouygues / Equans)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Bouygues’ acquisition of Equans, subject to conditions* The European Commission has approved, under the EU Merger Regulation, Bouygues’ acquisition of Equans. The approval is conditional on full compliance with commitments offered by Bouygues. Executive (...)

The Australian Competition Authority greenlights the acquisition of a rail haulage firm operating in the coal transportation sector by a rival, subject to a divestment (Aurizon / One Rail)
Australian Competition and Consumer Commission (Canberra)
Aurizon’s proposed acquisition of One Rail not opposed, subject to divestiture* The ACCC will not oppose the proposed acquisition of One Rail by Aurizon (ASX: AZJ), after accepting a court-enforceable undertaking from Aurizon to divest One Rail’s east coast business. “Without the divestment of (...)

The Australian Competition Authority outlines competition concerns in relation to the proposed acquisition between two rail companies (Aurizon / One Rail)
Australian Competition and Consumer Commission (Canberra)
ACCC consults on Aurizon’s proposed One Rail acquisition and divestiture* The ACCC has outlined preliminary competition concerns with Aurizon’s (ASX: AZJ) proposed acquisition of One Rail in a statement of issues published today. The ACCC is seeking public comment on whether these concerns (...)

The Slovak Competition Authority approves two acquisitions active in the freight forwarding industry (Ján Sabol / International Biofuel Investment PTE / Robert Spišák / Štefan Tóth / International Renewable Investment PTE)
Slovak Competition Authority (Bratislava)
MERGERS: AMO SR approved the intention of merger of undertakings JUDr. Ján Sabol, Ing. Robert Spišák, PhD. and Ing. Štefan Tóth* AMO SR approveved the acquisition of control of undertaking JUDr. Ján Sabol over undertaking International Biofuel Investment PTE. LTD. and the control of undertakings (...)

The US Surface Transportation Board confirms its earlier approval of a voting trust in a proposed merger between a Canadian and an American railroad in their revised merger application (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
Introduction It is full steam ahead with likely no further detours for Canadian Pacific Railway Ltd. (‘CP’) and Kansas City Southern Railway Co. (‘KCS’). The US Surface Transportation Board (‘STB’ or ‘the Board’) confirmed on 30 September 2021 that its prior approval of a voting trust as a first step (...)

The US Surface Transportation Board denies an application for a voting trust as a first step in a merger review involving a Canadian and an American railroad (CN / KCS)
Journal of Parliamentary and Political Law (Ottawa)
Introduction The US Surface Transportation Board (‘STB’ or ‘Board’) dealt a fatal blow to the proposed union of Montreal-based Canadian National Railway Co. (‘CN’) and Kansas City Southern railway (‘KCS’) (collectively the ‘applicants’) after a ruling on 31 August 2021 that it would not approve a (...)

The US Surface Transportation Board rules that a merger involving a Canadian national railway does not qualify for a waiver from the current class I merger review process and denies the railway’s proposed voting trust for now (CN / KCS)
Journal of Parliamentary and Political Law (Ottawa)
Introduction Courting of the Kansas City Southern railway (‘KCS’) continues full steam ahead and there is now a new suitor on the scene. KCS terminated an earlier corporate-friendly merger agreement with Calgary-based Canadian Pacific Railway Ltd. (‘CP’) on 21 May 2021 to forge a merger proposal (...)

The US Surface Transportation Board sets aside the current and more stringent regulations applicable to Class I mergers and determines that a merger proposal can proceed under the older rules governing such mergers (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
If the proposed corporate-friendly merger announced on 21 March 2021 between Calgary-based Canadian Pacific Railway Ltd. (‘CP’) and Kansas City Southern Railway Company (‘KCS’) proceeds, it will be examined under a 2001 waiver granted by the United States Surface Transportation Board (‘STB’)[[ (...)

The Australian Competition Authority clears merger of global rail businesses (Alstom / Bombardier)
Australian Competition and Consumer Commission (Canberra)
Alstom’s acquisition of Bombardier Transportation not opposed* The ACCC will not oppose Alstom SA’s (Alstom) acquisition of Bombardier Inc’s transportation business (Bombardier Transportation). Alstom and Bombardier Transportation are global rail businesses active in the Australian market. The (...)

The EU Commission clears a merger subject to conditions in the global rail transportation market (Alstom / Bombardier)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Alstom’s acquisition of Bombardier, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Bombardier Transportation by Alstom. The approval is conditional on full compliance with a commitments package offered (...)

The EU Commission conditionally clears a merger between global companies active in the rail transportation market (Alstom / Bombardier)
Van Bael & Bellis (Brussels)
On 31 July 2020, the European Commission (the “Commission”) announced its conditional clearance of Alstom’s acquisition of Bombardier Transportation. Both the target, a German subsidiary of Canadian Bombardier Inc., and the French acquirer, Alstom, are global companies active in rail (...)

The Dutch Competition Authority conditionally allows a joint venture of the nation’s largest public-transport company and of the transport network company to create a travel app together (Dutch Railways NS / Pon)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

The Australian Full Court dismisses the Competition Authority’s appeal in its attempts to block acquisition of a rail terminal by dominant rail freight carrier on the East coast, creating significant implications for applying the SLC test in Australia (Pacific National / Aurizon)
Australian Competition and Consumer Commission (Canberra)
Federal Court dismisses ACCC appeal on PN Aurizon case* The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ). The ACCC (...)

The Australian Full Court dismisses the Competition Authority’s appeal in its attempt to prohibit a merger and confirms the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition (Pacific National / Aurizon)
Australian Competition and Consumer Commission (Sydney)
,
Herbert Smith Freehills (Sydney)
,
Herbert Smith Freehills (Melbourne)
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially (...)

The German Competition Authority approves an acquisition between two locomotives on the basis that the company’s competitiveness decreased over the years (Vossloh / Zhuzhou)
Van Bael & Bellis (Brussels)
On 27 April 2020, the German Federal Cartel Office (“FCO”) cleared the acquisition of Vossloh Locomotives (“Vossloh”) by Chinese CRRC Zhuzhou Locomotives (“CRRC”) after an in-depth review. Vossloh is the leading manufacturer of diesel-powered shunters in the EEA and Switzerland. CRRC is a subsidiary (...)

The German Competition Authority approves an acquisition between two locomotives (Vossloh / Zhuzhou)
Bird & Bird (Dusseldorf)
,
Bird & Bird (Dusseldorf)
On 27 April 2020, the Federal Cartel Office ("FCO") approved the acquisition of Vossloh Locomotives by CRRC Zhuzhou Locomotives Co. Ltd. The decision which concerns the market for shunting locomotives is particularly noteworthy because it deals with questions surrounding the acquisition of (...)

The German Competition Authority clears acquisition of key European shunter manufacturer by Chinese state-owned manufacturer of railway vehicles because the target company’s competitiveness has been decreasing for years (Vossloh Locomotives / CRRC Zhuzhou Locomotives)
German Competition Authority (Bonn)
Chinese company CRRC can acquire Vossloh’s shunter division* The Bundeskartellamt has today cleared the acquisition of Vossloh Locomotives GmbH, Kiel, by CRRC Zhuzhou Locomotives Co., Ltd., Zhuzhou (People’s Republic of China). Andreas Mundt, President of the Bundeskartellamt: “In the present (...)

The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would exceed (...)

The Australian Competition Authority issues an appeal against the Federal Court’s decision which try to dismiss the Competition authority proceeding in a acquisition (Pacific National / Aurizon)
Australian Competition and Consumer Commission (Sydney)
,
Jones Day (Melbourne)
,
Herbert Smith Freehills (Sydney)
On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to resolve (...)

The French Competition Authority clears a merger, subject to remedies, in the public passenger transport markets (RATP Dev / Keolis)
French Competition Authority (Paris)
Future connection Gare de l’Est - Paris-Charles de Gaulle Airport* The Autorité de la concurrence clears, subject to conditions, the creation by RATP Dev and Keolis of a joint undertaking for the operation of CDG Express On 29 November 2018, the companies RATP Dev and Keolis notified the (...)

The EU Commission prohibits a merger railway signalling market and very high-speed trains sector (Siemens / Alstom)
European Commission (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Basic-Fit (Hoofddorp)
On 6 February 2019, the Commission adopted a prohibition decision against Siemens’ proposed acquisition of Alstom, which aimed at combining the parties transport equipment and service activities. This decision was based on the Commission’s finding that the transaction at issue would (...)

The EU Commission prohibits a railway merger due to very significant overlaps in the companies’ activities in the fields of railway signalling and very high-speed trains and the risk of creating a dominant position (Siemens / Alstom)
Bird & Bird (Paris)
The European Commission’s decision to block the Siemens-Alstom mega-merger in February 2019 provoked the anger of the French and German governments that had backed the deal. They accused the Commission of playing against the interests of the European economy by preventing the emergence of a (...)

The EU Commission prohibits a merger in the railway signaling systems market and very high-speed trains sector (Siemens / Alstom)
European Commission - DG COMP (Brussels)
Mergers: Commission prohibits Siemens’ proposed acquisition of Alstom* The European Commission has prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The merger would have harmed competition in markets for railway signalling systems and very high-speed trains. The (...)

The EU Commission prohibits a merger in the market for railway signaling and very high-speed trains (Siemens / Alstom)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The deal would have combined Siemens’ and Alstom’s transport equipment and service activities in a new company fully controlled by Siemens. According to the (...)

The EU Commission prohibits a merger in the railway sector and reaffirms that industrial policy objectives have no role to play when it comes to applying the EU merger control rules (Siemens / Alstom)
Arnold & Porter Kaye Scholer (Brussels)
,
McDermott Will & Emery (Brussels)
BIGGER IS BETTER . . . OR MAYBE NOT: THE SIEMENS/ALSTOM RAILWAY ME* The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the (...)

The EU Commission prohibits a merger in the railway sector (Siemens / Alstom)
Bird & Bird (Paris)
,
Vaillant Group (Paris)
,
Bird & Bird (Dusseldorf)
Following an in-depth investigation, the European Commission (“EC”) decided on 6 February 2019 to prohibit Siemens’ proposed acquisition of Alstom. According to the EC the combining of Siemens’ and Alstom’s transport equipment and services in a new company fully controlled by Siemens would have (...)

State Aid

The EU Commission approves a Czech scheme worth €180M to support rail and urban transport operators using electric traction
European Commission - DG COMP (Brussels)
State aid: Commission approves €180 million Czech scheme to support rail and urban transport operators using electric traction* The European Commission has approved, under EU State aid rules, a €180 million Czech scheme to support rail and urban public transport operators using electric (...)

The EFTA Surveillance Authority approves the prolongation of a green support scheme for rail freight in Norway New
EFTA Surveillance Authority (Brussels)
ESA approves prolongation of green support scheme for rail freight in Norway* The EFTA Surveillance Authority (ESA) has today approved a prolongation of a Norwegian support scheme for rail freight aimed at helping the transport sector become more environmentally friendly. Most modes of (...)

The EU Commission approves a German support scheme worth €215M to compensate the German national rail company for damages suffered by its subsidiaries due to the coronavirus pandemic (Deutsche Bahn) Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €215 million German support to compensate Deutsche Bahn for damages suffered by its subsidiaries due to the coronavirus pandemic* The European Commission has found a €215 million German support measure in favour of Deutsche Bahn AG to be in line with EU State aid (...)

The EU Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic* The European Commission has approved, under EU State aid rules, €374 million Italian support to compensate rail freight transport (...)

The EU Commission approves a €120M Spanish scheme under Recovery and Resilience Facility to support sustainable rail freight transport
European Commission - DG COMP (Brussels)
State aid: Commission approves €120 million Spanish scheme under Recovery and Resilience Facility to support sustainable rail freight transport* The European Commission has approved, under EU State aid rules, a €120 million Spanish scheme made available through the Recovery and Resilience (...)

The EU Commission approves a €57.4 million restructuring aid to Croatian mechanical engineering company (Ðuro Ðaković)
European Commission - DG COMP (Brussels)
State aid: Commission approves €57.4 million restructuring aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s plans to grant mechanical engineering company Ðuro Ðaković d.d. (‘Đuro Đaković) restructuring aid to the for (...)

The EU Commission approves a €88 million German support to compensate a national railway company for damages suffered by its subsidiary due to the COVID-19 outbreak (Deutsche Bahn / DB Cargo) Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €88 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak* The European Commission has found a €88 million German support measure in favour of Deutsche Bahn AG to be in line with EU State (...)

The EU Commission invites comments on a proposed revision of guidelines on State aid for railway companies
European Commission - DG COMP (Brussels)
State aid: Commission invites comments on proposed revision of Guidelines on State aid for railway companies* The European Commission has launched today a public consultation on EU Survey inviting all interested parties to comment on a proposed revision of the 2008 Guidelines on State aid for (...)

The EU Commission approves a €133 million Swedish scheme to support rail freight and passenger operators affected by the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €133 million Swedish scheme to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €133 million (SEK 1,370 million) Swedish scheme to support the rail freight sector (...)

The EU Commission approves a €550 million German support measure to compensate a national railway company for damages suffered by its subsidiary due to the Covid-19 pandemic (Deutsche Bahn / DB Fernverkehr) Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €550 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus outbreak* The European Commission has found a €550 million German support measure in favor of Deutsche Bahn AG (“Deutsche Bahn”) to (...)

The EU Commission approves German measures worth over €2.5 billion to support rail freight and passenger operators affected by the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
State aid: Commission approves German measures worth over €2.5 billion to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, two German schemes supporting the rail freight sector and the (...)

The EU Commission approves the modification of the existing German State aid scheme to support rail freight operators and mitigate the effects of COVID-19 pandemic on the sector Free
European Commission - DG COMP (Brussels)
State aid: Commission approves modification of existing German scheme to support rail freight operators and mitigate effects of coronavirus outbreak on the sector* The European Commission has approved, under EU State aid rules, the modification of an existing German aid scheme to support rail (...)

The EU Commission approves a restructuring aid for Polish regional railways as the country commits to an accelerated opening to competition of regional passenger rail transport
European Commission - DG COMP (Brussels)
State aid: Commission approves restructuring aid for Polish Regional Railways, as Poland commits to an accelerated opening to competition of regional passenger rail transport* The European Commission has concluded that Polish measures to support the restructuring of Polish Regional Railways, (...)

The EU Commission approves a €270 million Italian measure to support rail freight and commercial passenger operators affected by the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €270 million Italian measure to support rail freight and commercial passenger operators affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €270 million Italian measure supporting both the rail freight sector and the (...)

The EU Commission approves €511 million Italian State aid scheme to compensate commercial rail passenger operators for damages suffered due to the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
State aid: Commission approves €511 million Italian scheme to compensate commercial rail passenger operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, €511 million in Italian support to compensate providers of commercial, (...)

The EU Commission approves Austrian measures to support rail freight and passenger operators affected by the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
State aid: Commission approves Austrian measures to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, two Austrian measures supporting the rail freight sector and one measure supporting the rail (...)

The EU Commission approves €40 million rescue aid to Croatian mechanical engineering company (Ðuro Ðaković)
European Commission - DG COMP (Brussels)
State aid: Commission approves €40 million rescue aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s decision to grant mechanical engineering company Ðuro Ðaković a State guarantee for a €40.31 million (HRK 300 (...)

The EU Court of Justice confirms that a company does not necessarily insulate from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)
Maastricht University
* 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 Commission approves under State aid rules public support of over €22 million to upgrade the traffic management equipment on freight locomotives in the Netherlands
European Commission - DG COMP (Brussels)
State aid: Commission approves over €22 million of public support to promote rail transport operability in the Netherlands* The European Commission has approved, under EU State aid rules, €22.2 million of public support to upgradetraffic management equipment on freight locomotives in the (...)

The EU Commission opens an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid rules
European Commission - DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public financing of Fehmarn Belt fixed rail-road link* The European Commission has opened an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid (...)

The EU Commission opens an in-depth investigation to assess whether Danish and Swedish public support for a fixed rail-road link is in line with EU State aid rules (Øresund)
European Commission - DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public financing of Øresund fixed rail-road link* The European Commission has opened an in-depth investigation to assess whether Danish and Swedish public support for the Øresund fixed rail-road link is in line with EU State aid rules. This (...)

Procedures

The Austrian Cartel Court clarifies how the ECJ case law is still relevant after the EU Damages Directive in relation to access to the cartel file for the purposes of preparing damage claims (OeBB)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria’s restrictive rules on access to the court file of the Austrian Cartel Court in cartel cases were under scrutiny in the ECJ’s Donau Chemie judgment in 2013. The Cartel Court is the competition authority that adopts substantive decisions in competition law matters (including the imposition (...)

The EU General Court rules that the Commission must ensure a “best placed” national competition authority can safeguard fundamental rights (Sped-Pro)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
In its Sped-Pro judgment of 9 February 2022, the General Court of the European Union (“General Court”) for the first time examined the impact of deficiencies in the rule of law in an EU Member State on determining which competition authority in the EU is best placed to examine a complaint (...)

The UK Competition Appeal Tribunal approves a class representative for opt-out collective proceedings on behalf of train travelers in a landmark standalone claim for abuses of dominance by two rail franchises (Gutmann / South Western Trains)
Hausfeld (London)
,
Hausfeld (London)
,
Ashurst (London)
In great news for train travellers today, the Competition Appeal Tribunal (CAT) has approved our client, Mr Justin Gutmann, as class representative in his landmark standalone claim for abuses of dominance by the South Western and Southeastern rail franchises. The claims aim to put a stop to (...)

The Czech Supreme Court lodges a request for a preliminary ruling regarding evidence disclosure under the EU Damages Directive
Bird & Bird (Prague)
,
Bird & Bird (Prague)
The Czech Supreme Court lodged a request for a preliminary ruling (Case C-57/21) on 1 February 2021 regarding evidence disclosure under the EU Damages Directive 2014/104/EU. In the proceedings before Czech courts, a privately-owned transportation company RegioJet a.s. sued the state-owned (...)

The Australian High Court dismisses the Competition Authority’s appeal regarding a merger between two national rail transportation companies (Pacific National)
Australian Competition and Consumer Commission (Canberra)
ACCC’s Pacific National appeal will not be heard by the High Court* The High Court of Australia has today dismissed the ACCC’s application for special leave to appeal from the Full Federal Court’s decision that Pacific National’s acquisition of the Acacia Ridge terminal from Aurizon (ASX: AZJ) (...)

The German Federal Court of Justice overrules a judgement of a Higher Regional Court concerning a follow-on damages claim which established the existence of a bid rigging cartel in the rail track sector and imposed a fine amounting to €98 million on eight companies (Schienenkartell II)
Court of First Instance of Namur (Namur)
On 28 January 2020, the German Federal Court of Justice (“FCJ”) overruled a judgment of the Thuringian Higher Regional Court (see VBB on Competition Law, Volume 2017, No. 6) concerning a follow-on damages claim. The claim followed a 2013 fining decision of the Federal Cartel Office (“FCO”), which (...)

The German Federal Court of Justice defines in line with EU case law the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel)
University of Vienna (Vienna)
By its ruling in Rail Cartel II (Schienenkartell II), delivered on 28 January 2020, the German Federal Court of Justice (Bundesgerichtshof) has clarified the respective prerequisites to establish, on the one hand, causality which gives rise to liability (haftungsbegründende Kausalität), and on (...)

The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)
Paul Weiss (New York)
,
Paul Weiss (Washington)
,
Paul Weiss (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel (...)

Regulatory

The Spanish Competition Authority publishes its report on the draft bill modifying the penalty regime of the rail sector law
Spanish Competition Authority (CNMC) (Madrid)
CNMC considers that the fines envisaged in the future Railway Sector Law for companies in breach of the law are insufficient* The CNMC will be able to fine companies that fail to comply with its rulings up to a maximum of 300,000 euros. In Italy, France and the Netherlands, their regulators (...)

The Mexican Competition Authority publishes the final version of its study of competition in the public service of rail freight transport concluding that rail transport requires regulatory changes to increase the country’s competitiveness
Mexican Competition Authority (Mexico City)
Rail transport requires regulatory changes to increase the country’s competitiveness: COFECE* There is low intensity of competition in the railway system: only in 35% of the routes two or more concessionaires participate; in addition, in barely 6% of the municipalities with railroads have two (...)

The Russian Government approves the first national concept of long-term tariff regulation which will apply to housing services, waste management, gas and electricity supply, telecommunications and rail transport
Russian Federal Antimonopoly Service (Moscow)
Government approved the first Russian concept of long-term tariff regulation* It will apply to housing and communal services, waste management, electricity supply, gas supply, telecommunications and rail transport To implement the instructions of the President of the Russian Federation the (...)

The Mexican Competition Authority invites the public to complete a questionnaire on competition in rail transport
Mexican Competition Authority (Mexico City)
COFECE invites the public to complete a questionnaire on competition in rail transport* With this exercise, the Commission initiates its works to draft a document about competition in the public service for rail freight transport aimed at detecting possible obstacles to the efficient (...)

The Dutch Competition Authority recommends to the government the inclusion of a requirement to cooperate in the tender conditions for a new train service to Germany
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM recommends Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany* A requirement to cooperate with other market participants may be included in the concession conditions of the international rail service between the Dutch city of (...)

The Norwegian Government grants the transportation sector a 3-month temporary exception from the Competition Act as a special measure due to COVID-19 Free
Norwegian Competition Authority (Bergen)
Transportation sector is granted temporary exception from the Competition Act* Following the corona epidemic, the Norwegian government has as of today granted the transportation sector a three months temporary exception from the prohibition against anticompetitive agreements and practices in (...)

The Greek Regulatory Authority for Railways accepts commitments by a company resulting in the opening of the railway freight transport market (Trainose)
NYU School of Law (New York)
The Greek Regulatory Authority for Railways (RAS) has handed down its long-awaited Decision in TRAINOSE SA. The Decision gears towards the hearing of TRAINOSE SA because of a complaint made by another rail freight company, RCLG SA. It relates to competition concerns due to potential abuses of (...)

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