Topics in this week’s newsletter include mergers, antitrust, regulated industries and consultations.

The feature article reports on the Office of Rail Regulation’s ("ORR"’s) decision clearing DB Schenker Rail of alleged breaches of Article 102 TFEU and Chapter II Competition Act 1998, which prohibit the abuse of a dominant position. DB Shenker Rail was found not to have engaged in predatory pricing in relation to a petroleum products haulage contract. The contract price was found to be higher than the average avoidable costs of fulfilling the contract and included a contribution towards fixed costs and overheads.

 
 

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Lindsay Draffan (professional support lawyer)

 
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