No. 19/08/2005
Complaint from NTM Sales and Marketing Ltd against Portec Rail Products (UK) Ltd concerning the supply of grease for use in electric trackside lubricators
The Office of Rail Regulation has decided that there are no grounds for action under the Chapter I prohibition of the Competition Act 1998/Article 81 of the EC Treaty against Portec Rail Products UK Ltd (Portec) and RS Clare and Company Ltd (Clare). ORR has also decided that, in respect of Portec, there are no grounds for action under the Chapter II prohibition of the Competition Act 1998/Article 82 of the EC Treaty.
ORR's decision follows its investigation into a complaint by NTM Sales and Marketing (NTM), made on 20 July 2004, that Portec had attempted to use a dominant position in the market for the supply of testing services for grease for use in electric trackside lubricators to foreclose the market for the supply of grease for use in electric trackside lubricators to NTM.
Although ORR did not rule out that Portec might be dominant in the market for testing services, it did not find sufficient evidence to conclude that Portec had abused a dominant position or that it had entered into any anti-competitive agreements or practices with Clare.
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