Transport (rail)

Anticompetitive practices

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 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 (Cobra / Elecnor / Siemens / Semi / Inabensa / Alstom / Cymi / Isolux / Electre / Comsa / Indra / Neopul / Telice / Eym / Citracc)
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 EU Commission sends a statement of objections to a railway company for obstruction during an inspection (ZSSK)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Slovak rail company ZSSK for obstruction during inspection* The European Commission has informed Slovak rail company ZSSK of its preliminary view that the company obstructed a Commission inspection by giving incorrect information and (...)

The EU Commission addresses a statement of objections to a Slovak rail company for alleged obstruction of an investigation (ZSSK)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
In June 2016, the Commission dawn raided the premises of ZSSK, the Slovak incumbent rail operator. The dawn raids followed concerns that ZSSK may have entered into anticompetitive agreements with the aim of foreclosing the market of rail passenger transport to its competitors, in breach of (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for alleged involvement in a cartel (Construções e Técnicas Ferroviárias / Indústrias Ferroviárias / Engenharia e Construção / Sociedade de Estudos e Construções / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Russian Federal Antimonopoly Service (Moscow)
Rail track collusion* Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks. “Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)

The Belgian Competition Authority fines the members of a bid-rigging cartel in the context of public tenders for railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis (Brussels)
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. Infrabel had (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% the fine imposed on the leniency applicant in a bid-rigging case in the railway sector (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The Indian Competition Authority grants a 75% reduction in penalty in a cartel case in the railway sector, after applying the leniency program (Pyramid Electronics)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Introduction The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)

The Spanish Competition Authority fines 8 companies, and 9 of their executives, for involvement in a cartel and bid rigging in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
European Commission
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)

The Greek Competition Authority sends a statement of objections to suspected members of a cartel in the construction sector (Ellaktor)
Hellenic Competition Authority (Athens)
Statement of Objections addressed to undertakings active in the construction sector regarding an alleged infringement of Article 1 of the Greek Competition Act and Article 101 TFEU* Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will convene on 21 (...)

The German Competition Authority fines a railway company for participation in a cartel (Vossloh Laeis)
German Competition Authority (Bonn)
Bundeskartellamt concludes "rail case" with fine imposed on Vossloh Laeis* The Bundeskartellamt has imposed a fine of just under 3.5 million euros on the company Vossloh Laeis GmbH, Trier. Andreas Mundt, President of the Bundeskartellamt: "During the period from 2001 to 2011 Vossloh Laeis (...)

The German Competition Authority fines a manufacturer of railway sleepers for an anticompetitive agreement concerning public procurement (Durtrack)
German Competition Authority (Bonn)
Bundeskartellamt concludes proceedings against manufacturers of railway sleepers* The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The proceedings (...)

The Indian Competition Appellate Tribunal upholds the dismissal of a bid rigging case, finding that in oligopolies identical bids are not prima facie anticompetitive (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)* COMPAT by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of Axle Mounted Disk Braking System (ADBMS) to Indian (...)

The EU Commission confirms it has carried out several unannounced inspections in the rail passenger transport market
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The Commission (...)

The Indian Competition Authority dismisses allegations of bid rigging against two manufacturers of train brakes because their last three bids were all accepted by the tender organizer (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) closes case against disc brake suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated September 8, 2015 dismissed allegations of bid-rigging against manufacturers of axle mounted disc brake system(AMDBS) used in coaches and power (...)

The Portuguese Competition Authority imposes a fine on a rail transport company for providing false, inaccurate and incomplete information in the context of an antitrust investigation (CP Carga)
Portuguese Competition Authority (Lisbon)
AdC fines CP Carga for providing false, inaccurate or incomplete information* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) has imposed a fine of € 100.000,00 on CP CARGA, for providing false, inaccurate or incomplete information further to a request of the AdC, in the (...)

The EU Commission imposes fines on cargo train operators for participation in a cartel (Express Interfracht / Schenker)
DG COMP (Brussels)
Commission fines cargo train operators € 49 million for cartel* The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn ("DB"), (...)

The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The Italian Competition Authority finds collusive tendering practices in the market for rail equipment (Forniture Trenitalia)
Desogus Law Office (Cagliari)
In the Forniture Trenitalia case the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation into a collusive tendering practice with an infringement decision . It found 13 firms guilty of bid-rigging and imposed on them a total fine of € 1,987,307.16 for regulating (...)

The Regional Labour Court of Düsseldorf holds that the managing director of a steel producer cannot be held liable for fines imposed on the company by the Federal Cartel Office (ThyssenKrupp)
Hogan Lovells (Munich)
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Freshfields Bruckhaus Deringer (Berlin)
I. The Facts In 2012 and 2013 the German Federal Cartel Office (FCO) imposed heavy fines on numerous companies and individuals for participating in a cartel in the rail industry. Among the companies fined were subsidiaries of the large German steel-producing group, ThyssenKrupp, which had to (...)

The Polish Competition Authority fines companies involved in bid-rigging practices concerning tenders in the rail sector (Kombud / KZA Lublin / Bombardier Transportation Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision no. DOK – 10/2014 of 30 December 2014, the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of almost PLN 7 million (ca. €1.68 million) on three companies involved in alleged bid-rigging practices during a tender for a contract (...)

The Polish Competition Authority fines two rail traffic control system suppliers for bid-rigging (Thales / Qumak)
Dentons (Warsaw)
Summary Following the year-long antitrust proceeding initiated in December 2013, the UOKiK Chairperson fined Thales Polska sp. z o.o. with its registered seat in Warsaw (“Thales”) and Qumak S.A. with its registered seat in Warsaw (“Qumak”), having found that these two companies had entered into an (...)

Dominance

The Indian Competition Authority opens an investigation into abuse of dominance by a national railway company (Indian Railway Catering and Tourism Corporation)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation on allegation of abuse of dominance by IRCTC* By way of order dated November 9, 2018 under Section 26(1) of the Act, CCI directed the DG to investigate the Ministry of Railways, Indian Railway Catering and Tourism Corporation Ltd (the Opposite Parties), for alleged (...)

The Polish Supreme Court examines a case of non-compliance with a decision of the Competition Authority finding abuse of a dominant position (PKP Cargo)
Małgorzaty Kozak (Warsaw)
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Affre i Wspólnicy (Warsaw)
In the judgement of 7 March 2018 (III SK 6/17), the Polish Supreme Court (“SC”) examined the case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection (“NCA”) on the abuse of a dominant position by PKP Cargo, Poland’s largest railway freight (...)

The EU Commission fines the incumbent Lithuanian railway company for abuse of dominance on the rail freight market by dismantling part of the track (Lietuvos geležinkeliai - Baltic Rail)
DG COMP (Brussels)
Antitrust: Commission fines Lithuanian Railways €28 million for hindering competition on rail freight market* The European Commission has fined Lithuanian Railways (Lietuvos geležinkeliai) an amount of €27 873 000 for hindering competition on the rail freight market, in breach of EU antitrust (...)

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

The Dutch Competition Authority fines a rail operator for winning tenders through various abuses of dominance (Nederlandse Spoorwegen)
Van Bael & Bellis (Brussels)
On 29 June 2017, the Dutch Competition Authority (“DCA”) published the non-con dential version of a decision of 22 May 2017 imposing a €40.95 million fine on Dutch rail operator Nederlandse Spoorwegen (“NS”) for abusing its dominant position in the context of a tender for public transport services (...)

The French Competition Authority dismisses a complaint accusing the incumbent railway company of abuse of dominance (Transdev)
French Competition Authority (Paris)
The Autorité de la concurrence examines the state of competition in the coach transport sector and dismisses the complaint lodged by TRANSDEV against SNCF* Having been referred to by TRANSDEV GROUP (TRANSDEV) regarding practices implemented by the SNCF group in the intercity coach transport (...)

The Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
Simmons & Simmons (Brussels)
In the Netherlands, the public transport by rail is organised in two ways. On the one hand, there is the main railway network, which mainly covers the intercity connections and is exploited by NS. On the other hand, there are the regional railway networks, which include slow train services. The (...)

The Indian Competition Authority opens an investigation into bid rigging by a state government department (Government of Haryana Public Works Department)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana* CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)

The EU Commission launches an investigation into a Czech railway incumbent for possible abuse of dominance (České dráhy)
DG COMP (Brussels)
Antitrust: Commission investigates practices of Czech railway incumbent České dráhy in passenger transport* The European Commission has opened an investigation to assess whether the Czech railway incumbent České dráhy, a.s. (ČD) charged prices below costs with the aim of shutting out competition in (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The EU Commission relieves an undertaking in the railway sector of its obligation to comply with a commitments decision, following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which it (...)

The EU Commission allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)
DG COMP (Brussels)
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

The Polish Competition Authority fines a rail freight company for abuse of dominance (PKP Cargo)
Polish Competition Authority (Warsaw)
PKP Cargo fined for limiting competition on the rail freight market* UOKiK found that PKP Cargo (Poland’s largest rail freight operator) abused its dominant position, resulting in limited competition on the rail freight market, fining the company 14,2 million PLN [3,3 million EUR] Poland’s (...)

The Indian Competition Authority opens an investigation into possible abuse of dominance by a sea port and coal terminal (Tamil Nadu Power Producers Association / Chettinad International Coal Terminal / Kamarajar Port)
Vaish Associates, Advocates (New Delhi)
CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance* CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal (...)

The Finnish Competition Authority ends its investigation into a suspected abuse of dominance in the rail freight transport market (VR-Group)
Finnish Competition and Consumer Authority (Helsinki)
FCCA halts investigation into VR Group’s domestic freight transport* The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation. In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning VR-Group (...)

The Indian Competition Authority closes its investigation into abuse of dominance by the national railway company and associated catering and hospitality company, finding no infringement (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had alleged (...)

The Moscow Arbitration Appeal Court confirms that the Federal railway transport agency has unreasonably refused to open a railway station (Roszheldor)
Russian Federal Antimonopoly Service (Moscow)
An unreasonable refusal to open a railway station resulted in violating the law* On 24 February 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) against the Federal Railway Transport Agency (...)

The French Competition Authority receives commitments from a railway company aimed at increasing the autonomy of its subsidiary in the market for advice and technical assistance to transport network operators (SNCF / Keolis / Transdev)
French Competition Authority (Paris)
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité de (...)

The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF)
Herbert Smith Freehills (Paris)
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Herbert Smith Freehills (Paris)
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)

The Council of Slovak Antimonopoly Office upholds the fine imposed on a railway company for abuse of dominance by restricting sale and leasing of electric locomotives and refuelling of diesel locomotives to competing private carriers (Cargo)
Slovak Competition Authority
Council of the Antimonopoly Office upheld the 10-million fine for Cargo* On 5 November, 2014 the Council of the Antimonopoly Office of the Slovak Republic upheld the fine imposed by the Division of Abuse of Dominant Position and Vertical Agreements on Railway Company Cargo Slovakia, a.s. (...)

The French Competition Authority accepts commitments from a railway company in the distribution of train tickets market (SNCF / voyages-sncf.com)
French Competition Authority (Paris)
The Autorité de la concurrence obtains commitments from SNCF allowing travel agencies to compete on an equal footing with voyages-sncf.com. Following these changes, travellers should enjoy an enhanced offer of services.* Summary Following a complaint submitted to the Autorité de la concurrence (...)

The French competition authority forces the incumbent train company to open online ticket selling to competition (SNCF / voyages-sncf.com)
EDHEC (Nice)
French train company SNCF forced to open online ticket selling to competition Summary SNCF, which has a monopoly on rail transport in France, had to agree to let distributors other than its affiliate Voyages-Sncf.com sell its train tickets in France. Facts SNCF operates trains in France, (...)

The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was abusing (...)

The High Court of Delhi upholds the Indian Competition Authority’s decision that the national railways constitute an "enterprise" under the Competition Act and therefore fall within its jurisdiction (Union of India / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Indian Railways held to be “enterprise” under the Act* The Delhi High Court vide its Order dated February 23, 2012, in a Writ Petition filed by the Ministry of Railways through Union of India, challenging the Order of the CCI holding that Indian Railways is an enterprise and hence amenable to (...)

The Swedish Competition Authority closes predatory pricing investigation relating to procurement of services pursuant to Art. 82 EC and its Swedish equivalent (Konkurrensverket / Banverket Produktion)
Vinge (Stockholm)
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Svea hovrätt (Swedish courts)
Background During 2004, the Swedish Rail Administration (Sw. Banverket) procured services relating to the maintenance of four Swedish railway lines; Västkustbanan 1 and 2 and “Kust till Kust” 1 and 2. Banverket Produktion, which was affiliated to Banverket, submitted an offer. The price for the (...)

The UK Office of Rail Regulation rejects a complaint of refusal to supply on the basis of the essential facilities doctrine (NTM / Portec-Clare)
Paul Hastings (London)
Introduction The case commenced in July 2004 when the Office of Rail Regulation (“ORR”) received a complaint from NTM Sales and Marketing Ltd (“NTM”) regarding the supply of grease for use in electric trackside lubricators on railway infrastructure in the UK. The complaint related to allegations (...)

The German Competition Authority stops the proceedings against railways operator in connection with abusive route price structures (Deutsche Bahn)
German Competition Authority (Bonn)
Proceedings against Deutsche Bahn AG in connection with abusive route price structure halted* The Bundeskartellamt is halting proceedings against Deutsche Bahn in connection with abusive route price structures. The President of the Bundeskartellamt, Ulf Böge said, "The Bundeskartellamt welcomes (...)

Mergers

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 in the market of railway signalling systems and very high-speed trains (Siemens / Alstom)
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 signalling and very high-speed trains (Siemens / Alstom)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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 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)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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 market for railway signalling 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 Indian Competition Authority clears acquisition of a global conglomerate’s rail business by another conglomerate due to limited effects in India (Siemens / Alstom)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of sole control of Alstom by Siemens* CCI by way of its order dated November 1, 2018 has approved the acquisition of Alstom S.A (“Alstom”) by the mobility business of Siemens Aktiengesellschaf (“Siemens”). The parties had entered into a Business Combination Agreement (...)

The EU Commission opens an in-depth investigation to assess a proposed merger in the rail sector (Siemens / Alstom)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Siemens proposed acquisition of Alstom* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Alstom by Siemens, under the EU Merger Regulation. The Commission is concerned that the merger may (...)

The German Competition Authority clears a merger subject to remedies in the rail sector (CIT Rail / VTG Rail Assets)
German Competition Authority (Bonn)
Rail wagon leasing companies may merge subject to condition precedent* The Bundeskartellamt has cleared the acquisition of CIT Rail Holdings (Europe) S.A.S. by VTG Rail Assets GmbH subject to a condition precedent. The companies may only implement the merger once they have sold a substantial (...)

The EU Commission clears a merger, subject to remedies, in the market of train equipments (Wabtec / Faiveley)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Faiveley by Wabtec, subject to conditions* Brussels, 4 October 2016 After an in-depth investigation under the EU Merger Regulation, the European Commission has cleared the proposed acquisition of Faiveley Transport of France by US-based Wabtec. The (...)

The EU Commission clears acquisition between two of the world’s largest rail equipment manufacturers, subject to divestment of the overlapping friction materials business (Wabtec / Faiveley)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
Wabtec/Faiveley - Braking News: Commission conditionally clears acquisition in train equipment sector* In a nutshell: The Commission cleared the acquisition of Faiveley Transport by Wabtec, subject to conditions. This case required the assessment of the effects of a merger with a potential (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Wabtec’s proposed takeover of railway equipment manufacturer Faiveley* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)

The Chinese MOFCOM releases three decisions sanctioning companies for failure to notify their transactions for antitrust review (Dade Holdings / Jilin Sichang Pharmaceutical ; New United Group / Bombardier Transportation Sweden ; Beijing CNR / Hitachi)
University of Melbourne
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China Competition Bulletin (Beijing)
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University of Melbourne
On 4 May 2016, the MOFCOM released 3 decisions in which it sanctioned various companies for failure to notify their transactions for antitrust review. The decisions were all made on 21 April 2016. In each case, the MOFCOM determined that the transaction constituted a concentration under Article (...)

The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (Eurotunnel / SeaFrance / MyFerryLink)
Blackstone Chambers (London)
Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)

The UK Supreme Court confirms the CMA’s decision to treat an acquisition of 3 ferries and related assets as a merger (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
CMA welcomes Supreme Court judgment in Eurotunnel case* The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case. In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct approach (...)

The UK Competition and Markets Authority seeks permission to appeal in a case regarding trans-channel ferry transport services (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
CMA seeks permission to appeal in Eurotunnel case* The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case. The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)

The UK Competition and Market Authority seeks permission to appeal to the Supreme Court on what constitutes an enterprise (Eurotunnel / SeaFrance / MyFerryLink)
Simmons & Simmons (London)
Unconvinced by the outcome of the Eurotunnel case, the CMA wants guidance from the Supreme Court on what constitutes an enterprise for the purposes of UK merger control. The CMA is seeking permission to appeal the Court of Appeal judgment of 15 May 2015 in the Eurotunnel case. That judgment (...)

The UK Court of Appeals brings some additional clarity on assets acquisition (Eurotunnel / SeaFrance)
Blackstone Chambers (London)
Asset acquisitions revisited* Earlier this year, I suggested that the law on when an asset acquisition might amount to a merger was somewhat opaque. The Court of Appeal’s decision in Eurotunnel II [2015] EWCA Civ 487 has brought some additional clarity, although the messy procedural history of (...)

The Polish Competition Authority clears a merger in the rail freight market (PKP Cargo / Advanced World Transport)
Polish Competition Authority (Warsaw)
UOKiK clears PKP Cargo to take over advanced world transport* Poland’s Office of Competition and Consumer Protection (UOKiK) has cleared PKP Cargo, Polish railway freight transport operator, to take over rail freight services provider Advanced World Transport. The Authority’s analysis concluded (...)

The UK Competition and Markets Authority spurs an undertaking specialized in rail services to offer merger remedies in order to resolve competition concerns and to avoid an in-depth merger investigation (ICRL)
British Competition Authority - CMA (London)
Stagecoach/Virgin consortium given chance to resolve limited competition concerns arising from the East Coast rail franchise award* ICRL, a subsidiary jointly owned by Stagecoach and Virgin Trains, has the chance to avoid an in-depth merger investigation into its successful bid to run the East (...)

The Competition Appeal Tribunal upholds the merger decision of the UK Competition and Markets Authority in a maritime transport case (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
The CMA has welcomed today’s judgment by the Competition Appeal Tribunal (CAT) to uphold the CMA’s decision to bar Eurotunnel from running its MyFerryLink service out of Dover, to safeguard competition.* The CAT’s judgment dismissed an appeal by Eurotunnel and Société Coopérative de Production de (...)

The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink)
Blackstone Chambers (London)
Eurotunnel: when buying assets is a merger* When is an asset acquisition a merger? As the Eurotunnel litigation shows, the answer is not clear-cut. The background is the 2011 liquidation of the cross-channel ferry company SeaFrance. It could not be sold as a going concern, so instead there (...)

The UK Competition and Market Authority finds that it did not have jurisdiction to review a transaction as it did not create a "relevant merger situation" (CSF / Serco)
DLA Piper (London)
On 13 October 2014 the Competition and Market Authority (CMA) published its 30 September Decision that the grant of the Caledonian Sleeper Franchise (CSF) to Serco Caledonian Sleepers Limited (Serco) does not qualify for investigation under the Enterprise Act 2002 (the ’Act’) . The CMA (...)

The UK Competition Appeal Tribunal quashes the Competition Commission decision regarding maritime transport over the Channel highlighting contradictory analysis of mergers between National Competition Authorities (Eurotunnel / SeaFrance / MyFerryLink)
HEC (Jouy-en-Josas)
The control of the Channel remains an emphatically strategic subject of prime importance for England: the Eurotunnel ferries might well not be allowed to disembark at Dover in the future! At least that’s what the Competition Commission, the British competition authority (hereinafter referred to (...)

The UK Competition Commission, unlike the French NCA, rules that operator of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
Jones Day (London)
,
British Competition Authority - CMA (London)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

The French Competition Authority clears, subject to conditions, a merger in the maritime transport sector (Eurotunnel / SeaFrance / MyFerryLink)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of certain SeaFrance assets by the Eurotunnel group* The Autorité de la concurrence has just cleared, subject to certain (...)

The EU Commission clears, subject to remedies, an acquisition in the rail transport sector (Bombardier / ADtranz)
DG Economic and Financial Affairs (ECFIN) (Brussels)
,
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 3 April the Commission decided to authorise the takeover of DaimlerChrysler‘s rail business division ADtranz by Bombardier of Canada, subject to commitments. As initially notified, the operation would have led (...)

State Aids

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)
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 (...)

The EU Commission approves under EU State aid rules a measure to promote shift of freight transport from road to rail in Germany
DG COMP (Brussels)
State aid: Commission approves €350 million per year in public funding to promote shift of freight transport from road to rail in Germany* The European Commission has approved under EU State aid rules a German aid scheme to promote the shift of freight traffic from road to rail. The scheme will (...)

The EU Court of Justice holds that it’s not acceptable for the assets to be transferred to a bidder that had initially participated in the process as a member of a consortium when analyzing a measure of State aid for restructuring and recapitalisation involving a bidding process (SNCF Mobilités)
University of Bristol - Law School
Do EU procurement & State aid rules conflict on possibility for consortium members to ’go it alone’? (C-127/16 P)* In its Judgment of 7 March 2018 in SNCF Mobilités v Commission, C-127/16 P, EU:C:2018:165, in the context of the analysis of a measure of State aid for restructuring and (...)

The EU Commission approves a State aid for the construction of the Paris-Charles-de-Gaulle airport express rail line (CDG Express)
DG COMP (Brussels)
State aid: Commission approves French support for construction of €1.3 billion Paris-Charles-de-Gaulle airport express rail line* The European Commission has approved French support measures for the construction of an express railway line between Paris and the Paris-Charles-de-Gaulle airport. (...)

The EU Commission orders recovery of State aid and examines the definition of research in the context of aids granted for R&D purposes (ValDeal / CEATF)
College of Europe (Bruges)
State aid for R&D: What is research?* Introduction The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome of research. It is rare that research (...)

The EU Commission approves an aid falling within the exemption for important projects of common European interest (Fehmarn belt)
College of Europe (Bruges)
The Pricing of Access to an Important Project of Common European Interest* Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid (...)

The EU Commission holds that infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of their importance (Øresund Fixed Link)
College of Europe (Bruges)
An Important Project of Common European Interest* Infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of their importance. However, public funding of transport networks which are open to all users does not constitute State aid. Introduction State (...)

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog, 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 relationships (...)

Procedures

The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the ECJ’s foreseeability theory established for jurisdiction clauses in its CDC judgement (C. / N.)
Hogan Lovells (Munich)
,
Hogan Lovells (Munich)
1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called ’standard’ arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding (...)

The Administrative Court of Düsseldorf rules on the right to access cartel damages proceeding file before the labour court (Local transportation company)
Van Bael & Bellis (Brussels)
In a judgment of 7 July 2016, the Administrative Court Düsseldorf (the “Court”) annulled the prior decision of the President of the Higher Labour Court Düsseldorf (the “President”) who had denied a potential cartel victim access to the file of a cartel damages proceeding before the Higher Labour (...)

The Regional Court of Potsdam rules on the validity of standard term stipulating fix percentage of cartel damages (Public local transport)
Van Bael & Bellis (Brussels)
In a judgment of 13 April 2016, the Regional Court Potsdam (the “Court”) ruled on the validity of a standard term in a procurement contract stipulating a fix percentage (15%) of damages in case of future follow-on action in relation to a competition law infringement. The claimant, a public local (...)

The Czech Supreme Administrative Court confirms the wide discretion of the Competition Authority when requiring data from third parties including competitors of the undertaking under scrutiny (RegioJet)
Skils (Prague)
On 7 January 2016, the Supreme Administrative court rejected cassation appeal of RegioJet, a.s. (“RGJ”) against the previous judgment of the Regional Court in Brno which rejected claim against the Czech Office for Protection of Competition (“Office”) alleging that the Office acted contrary to law (...)

The England and Wales Court of Appeal allows the claimants to proceed with an action for damages under Section 47A in consideration of price fixing of electrical and mechanical carbon and graphite products (Deutsche Bahn / Morgan Crucible)
London School of Economics and Political Science
CAT unlimited: the Deutsche Bahn decision* Where the Commission has issued a decision finding several addressees liable for the same infringement, amongst the more important tactical questions for a claimant in the UK are: where to sue the addressees and when? The decision of the Court of (...)

The UK Court of Appeal rules that damages cannot be recovered through the medium of Sec. 47A simply by identifying findings of fact by a regulator that could have amounted to a competition infringement, i.e., claimant’s right of action exists only if the regulator has actually decided that such conduct would constitute an infringement of competition provision (EW&S Railways / Enron)
Talwar, Thakore & Associates (New Delhi)
In 2006, the Office of Rail Regulation (ORR) had concluded that English Welsh & Scottish Railway Limited (EW&S) infringed the prohibition contained in the Chapter II prohibition of the Competition Act 1998 and Article 82, EC Treaty . EW&S infringed the said provisions as it engaged (...)

Regulations

The OECD holds a roundtable on competition and innovation in land transport
OECD - Competition Division
Executive Summary, by the Secretariat* Considering the discussion at the roundtable held by Working Party No.2 on 28 November 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: 1. As a result of regulatory and (...)

The French Competition Authority publishes its opinion on four draft implementing decrees concerning the railway sector
French Competition Authority (Paris)
The Autorité de la concurrence issues its opinion on four draft implementing decrees* The Autorité considers that some measures entail significant risks to the development of competition in the sector and issues several recommendations aimed in particular at strengthening the independence of (...)

The OECD holds a roundtable on recent developments in rail transportation services
OECD - Competition Division
Executive summary, by the Secretariat * From the discussion at the roundtable, the delegates’ submissions and invited presentations and papers, several points emerge: (1) Most developments in OECD railway sector reform since 2005 have concerned the ongoing opening-up of rail services to (...)

The OECD holds a roundtable on structural reform in the rail industry
OECD - Competition Division
Over the last 25 years the rail sector in virtually all OECD countries has undergone significant reform. These reforms were usually driven by inefficiency and poor performance within the rail sector and long-term loss of market share to other transport modes. The appropriate role for (...)

The OECD holds a roundtable on railways: structure, regulation and competition policy
OECD - Competition Division
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note The 1997 examination of the railway sectors of OECD countries raised classic issues of regulation and competition, including definition of the market, scope of the natural monopoly, (...)

Public sector

The EU Court of Justice Advocate General Campos Sánchez-Bordona suggests interpretation concerning the limitations of the contracting authority’s ability to demand full and unrestricted cooperation from undertakings seeking to reassure them that they have self-cleaned after participating in collusive practices in public markets (Vossloh Laeis)
University of Bristol - Law School
BID RIGGING, SELF-CLEANING, LENIENCY AND CLAIMS FOR DAMAGES: A BEAUTIFUL PROCUREMENT MESS? (C-124/17)* In his Opinion of 16 May 2018 in Vossloh Laeis, C-124/17, EU:C:2018:316 (not available in English), Advocate General Campos Sánchez-Bordona has offered an interesting view on the (...)

The EU Court of Justice Advocate General Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be prior to the award of the contract (VAR)
University of Bristol - Law School
WHEN WILL YOU SHOW ME THE PAPERS? TECHNICAL CAPACITY, TECHNICAL DOSSIERS AND VERIFICATION DURING THE PROCUREMENT PROCESS (C-14/17)* In his Opinion of 28 February 2018 in VAR, C-14/17, EU:C:2018:135 (not available in English), AG Campos Sánchez-Bordona addressed a tricky preliminary question (...)

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