Network Rail Infrastructure Ltd v Achilles Information Ltd

Network Rail Infrastructure Ltd v Achilles Information Ltd

The RISQS-only rule in the Sentinel and OTPO Schemes constitutes an anti-competitive agreement under Chapter I of the Competition Act 1998 and an abuse of dominant position under Chapter II. The rule forecloses competition in a significant segment of the supplier assurance market, is not objectively justified on safety or efficiency grounds, and is not exempt under section 9 of the Act. The Competition Appeal Tribunal's findings on market definition, appreciable effect, and lack of objective justification were upheld.

Parties
Appellant: Network Rail Infrastructure Limited; Respondent: Achilles Information Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2020
Procedural Posture
Civil Appeal / Appeal From Competition Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Abuse of Dominant Position, Anti Competitive Agreements, Market Definition, Objective Justification, Exemption Under Competition Act, Supplier Assurance Schemes
Competition Law Abuse of Dominant Position Anti Competitive Agreements Market Definition Objective Justification Exemption Under Competition Act Supplier Assurance Schemes

Case Brief

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Parties

Network Rail Infrastructure Limited

Appellant

Achilles Information Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the RISQS-only rule in Network Rail's Sentinel and OTPO Schemes constitutes an anti-competitive agreement under Chapter I of the Competition Act 1998
  2. 2 Whether the RISQS-only rule amounts to an abuse of dominant position under Chapter II of the Competition Act 1998
  3. 3 Whether the RISQS-only rule is objectively justified on safety or efficiency grounds

Ratio Decidendi

The RISQS-only rule in the Sentinel and OTPO Schemes constitutes an anti-competitive agreement under Chapter I of the Competition Act 1998 and an abuse of dominant position under Chapter II. The rule forecloses competition in a significant segment of the supplier assurance market, is not objectively justified on safety or efficiency grounds, and is not exempt under section 9 of the Act. The Competition Appeal Tribunal's findings on market definition, appreciable effect, and lack of objective justification were upheld.

Court Disposition

Appeal dismissed

Orders

  • Network Rail must cease to impose the RISQS-only rule on suppliers or persons seeking access under the Sentinel and OTPO schemes, except for direct contractors.
  • Network Rail must accept supplier assurance through alternative schemes equivalent to RISQS, subject to reasonable and proportionate safety conditions.