Rail Transport and Competition Policy –
National Rail Undertakings after the GVG/FS Case
Achim PützCEDIT – Centro de Derecho del Transport InternacionalUniversitat Jaume I de Castellón
European Railway Policy
• Directive 91/440- access to international groupings and combined transport operators- only accounting not organic separation
• First and Second “Railway Package”- national regulatory bodies- no prohibition of vertical integration
• “Third Railway Package”- liberalization of international rail passenger transport
• Problems:- Cabotage?- Existing public services contracts?
Rail Transport and Competition Policy
Monopoly of national carriers
Infrastructure management Rail transport
Directive 91/440 et seq.Articles 81 and 82
Upstream markets Downstream market
Infrastructure management
Traction
Rail transport services
Vertical integration
Control of market power:
1) Sector-specific regulationThe control is exercised by specific regulatory bodies.
2) Competition rulesTheir application corresponds to national and European antitrust authorities.
Monopolistic
Quasi monopolistic
structure
“Essential facilities”
1
2
“Essential facilities” limit the property rights of infrastructure managers and traction providers by virtue of Article 82 of the Treaty.
Peril:
The core of property rights is concerned.
RESTRICTIVE APPLICATION
Concluding remarks
• Vertical integration demands the attribution of essential functions to an independent body and is controlled by national regulatory bodies and antitrust authorities.
• “Essential facilities” as a way to force market opening. But:As an ultima ratio.
• Complementary civil actions.
CEDIT – Centro de Derecho del Transporte InternacionalUniversitat Jaume I de CastellónCastellón / Spainwww.cedit.uji.es
Thank you!
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