News

Rail freight company Freightliner has submitted a claim for damages against Deutsche Bahn-owned EWS following a decision by the rail regulator that the latter had "acted abusively". The two companies are now awaiting a date for a case management conference to decide how the Competition Appeal Tribunal (CAT) will progress with  the case.

Freightliner's claim arises from a decision by the Office of Rail Regulation (ORR) that EWS struck up haulage agreements with industrial users of coal whose terms had the effect of excluding competitors from the market over a nine-year period. It also found that the company had pursued discriminatory and 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 that 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."