No. 02/08/2010
The Office of Rail Regulation (ORR) has found no evidence that DB Schenker Rail (UK) Limited (DBS) has infringed the prohibition imposed by section 18 of the Competition Act 1998.
This non-infringement decision relates to DBS's pricing of a contract for petroleum haulage by rail between ConocoPhillips Limited's Humber Oil Refinery near Immingham in Humberside and the Kingsbury oil storage facility in the West Midlands. ORR investigated whether DBS's pricing of this contract represented an abuse of a dominant position.
ORR found that DBS priced this contract above the avoidable costs that it incurred as a result of operating the contract. It found no evidence of any intent by DBS to eliminate or unreasonably constrain a competitor. In summary, ORR found no evidence that DBS was competing otherwise than on the merits. In light of these facts, it was not necessary for ORR to conclude on dominance.
Further information can be found in an open letter sent from ORR to DBS, following the conclusion of the investigation and in ORR's decision document.
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