The rail sector is notorious for its complexity and its endemic competition problems. In a damning account of the state of play in this sector, the European Commission (“EC”) recently lamented the continued absence of effective competition and innovation therein. Furthermore, the risks of unlawful State aid and abusive conduct have been highlighted as serious concerns. According to the EC, therefore, and in a bid to encourage a modal shift towards greater use of the railways, the rail sector will feature highly on its list of enforcement priorities. The unsatisfactory state of affairs in the rail sector does not appear to be limited to Europe, however. Indeed, the contributions made to this work bear this out. The deep-seated problems in the rail sector can be explained by certain of
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