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Freightliner claims damages against EWS
Page 9
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By Chris Tindal,.
RAIL FREIGHT company Freightliner has submitted a claim for damages against Deutsche Bahn-owned EWS following a decision made by the rail regulator that the latter had -acted abusively".
The two firms are now awaiting a date for a case management conference to decide how the Competition Appeal Tribunal (CAT) will progress the case.
Freightliner's claim arises from a decision made by the Office of Rail Regulation (ORR) that EWS had struck haulage deals with industrial users of coal, whose terms excluded competitors from the market over a nineyear period.
It also found out that the firm had pursued predatory pricing practices. The ORR fined EWS £4.1m for its behaviour. Now Freightliner is seeking undisclosed damages and interest. Papers lodged with the CAT reveal Freightliner believes EWS' "abusive conduct" placed it "at a competitive disadvantage" and "unlawfully reduced "its market share".
Freightliner would not comment on the case, but a spokeswoman for EWS says: -The Freightliner claim related to practices in the transport of coal, and is a historic matter. It was the subject of a 2006 ORR decision, and EWS has settled the matter with the rail regulator."