1 / 7

Rail Transport and Competition Policy – National Rail Undertakings after the GVG/FS Case

Rail Transport and Competition Policy – National Rail Undertakings after the GVG/FS Case. Achim Pütz CEDIT – Centro de Derecho del Transport Internacional Universitat Jaume I de Castellón. European Railway Policy.

adin
Download Presentation

Rail Transport and Competition Policy – National Rail Undertakings after the GVG/FS Case

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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

  2. 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?

  3. Rail Transport and Competition Policy Monopoly of national carriers Infrastructure management Rail transport Directive 91/440 et seq.Articles 81 and 82

  4. Upstream markets Downstream market Infrastructure management Monopolistic Vertical integration structure Rail transport services Quasi monopolistic Traction • Control of market power: • Sector-specific regulationThe control is exercised by specific regulatory bodies. • Competition rulesTheir application corresponds to national and European antitrust authorities.

  5. “Essential facilities” “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

  6. 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.

  7. Thank you! CEDIT – Centro de Derecho del Transporte InternacionalUniversitat Jaume I de CastellónCastellón / Spainwww.cedit.uji.es

More Related