EWS fined for abusing its dominant position and engaging in exclusionary and predatory behaviour

On 19 December 2006, the UK Office of Rail Regulation (ORR) published its decision in the case of English Welsh and Scottish Railway Limited (EWS). The ORR found that the company had infringed the prohibition contained in Chapter II of the Competition Act 1998 and Article 82 of the EC Treaty and it imposed a fine of £4.1 million. EWS had concluded contracts whose terms had the effect of excluding competitors from the market for coal haulage by rail and had also pursued discriminatory and predatory pricing practices in the same market.

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