UKRS Training Ltd v NSAR Ltd [2017] CAT 14 (5 July 2017)

UKRS Training Ltd v NSAR Ltd [2017] CAT 14 (5 July 2017)

NSAR's accreditation and auditing function under the RTAS and Sentinel Scheme is a distinct, discrete function that constitutes an economic activity. This function was previously carried out by private, commercial entities and could be so again. NSAR, although not-for-profit and acting on behalf of Network Rail, is performing an activity that is not a core function of the State and is not exercising public powers. Therefore, NSAR is an 'undertaking' for the purposes of Chapter II of the Competition Act 1998.

Citation
[2017] CAT 14
Parties
Claimant: UKRS; Defendant: NSAR
Jurisdiction
United Kingdom
Judgment Date
05 July 2017
Procedural Posture
Competition Law Preliminary Issue / Judgment on Preliminary Issue
Outcome
NSAR is an undertaking for the purposes of Chapter II of the Competition Act 1998.
Legal Topics
Abuse of Dominant Position, Definition of Undertaking, Rail Industry Accreditation, Interim Injunctions
Competition Law Abuse of Dominant Position Definition of Undertaking Rail Industry Accreditation Interim Injunctions

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Parties

UKRS

Claimant

NSAR

Defendant

Procedural Posture

Competition Law Preliminary Issue / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether NSAR is an 'undertaking' for the purposes of Chapter II of the Competition Act 1998
  2. 2 Whether NSAR's accreditation and auditing function under RTAS constitutes an economic activity

Ratio Decidendi

NSAR's accreditation and auditing function under the RTAS and Sentinel Scheme is a distinct, discrete function that constitutes an economic activity. This function was previously carried out by private, commercial entities and could be so again. NSAR, although not-for-profit and acting on behalf of Network Rail, is performing an activity that is not a core function of the State and is not exercising public powers. Therefore, NSAR is an 'undertaking' for the purposes of Chapter II of the Competition Act 1998.

Court Disposition

NSAR is an undertaking for the purposes of Chapter II of the Competition Act 1998.

Orders

  • Preliminary issue determined in favour of UKRS; proceedings to continue.