The UK Office of Rail Regulation rejects a complaint of refusal to supply on the basis of the essential facilities doctrine (NTM / Portec-Clare)

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 supplier of electric trackside lubricators, Portec Rail Products (UK) Ltd (“Portec”) had infringed first, the Chapter II prohibition against abuse of dominant position set out in section 18 of the Competition Act 1998 (the 1998 Act) by refusing to test NTM's grease product and thereby foreclose the market for use of grease for electric lubricators to NTM and secondly the Chapter I prohibition against anti-competitive agreements set out in section 2 of the 1998 Act by acting with a competitor

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Katherine Rainwood, The UK Office of Rail Regulation rejects a complaint of refusal to supply on the basis of the essential facilities doctrine (NTM / Portec-Clare), 12 August 2005, e-Competitions Bulletin Transport (rail), Art. N° 685

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