SEIU, a US-based trade union, wanted to oppose the potential award of the Greater Western passenger rail franchise to the international transport operator FirstGroup plc.
The franchise award was made by the Department for Transport. The award triggered a merger control process under Section 69(3) of the Railways Act 1993 and the Enterprise Act 2002. The OFT had referred First's bid to the Competition Commission for a full investigation.
Reckon prepared two submissions to the Competition Commission for SEIU. The first submission focused on the appropriate counterfactual for the analysis. The second submission identified possible forms of lessening of competition that could arise from the transaction.