Claim under section 47A of the Competition Act 1998. The Claimant has applied for expedition.
The application for expedition was heard at a case management conference on 19 October 2018. The Chairman gave a Ruling on the application ( CAT 15) and directed an expedited trial of the preliminary issue of whether the requirement that suppliers and persons seeking access to the Defendant's infrastructure obtain supplier assurance only through the Railway Industry Supplier Qualification Scheme constitutes a breach of Chapter I and/or Chapter II of the Competition Act 1998, to be heard on the assumption that the Defendant holds a dominant position as alleged in the claim form.
On 30 November 2018 the Chairman made a reasoned order ( CAT 17) granting an application made by the Claimant that the Defendant provide further particulars of its Defence.
The trial of the preliminary issue took place during the period 20 February to 1 March 2019. On 19 July 2019, the Tribunal handed down its judgment ( CAT 20).
A hearing took place on 12 September 2019 where the Chairman made an order giving effect to the Tribunal’s judgment of 19 July 2019 and the Tribunal gave a ruling in relation to costs and refused the Defendant’s application for permission to appeal the Tribunal’s judgment of 19 July 2019 ( CAT 22).
A renewed application for permission to appeal was subsequently granted by the Court of Appeal. On 5 March 2020 the Court of Appeal handed down judgment dismissing the Defendant's appeal ( EWCA Civ 323).
On 26 May 2020 the Tribunal ordered that the issue of dominance shall be stayed until any further order and gave directions to trial on the outstanding issue of damages.