DfT asked franchise bidders to ignore open access

Department for Transport freedom of information disclosure (3 pages, PDF) of the requirements of the invitation to tender for the east coast (GNER) franchise in respect of open access operators.

The invitation to tender stated that the "access rights of ... open access passenger operators ... should be assumed to remain at current levels". The Department could not find any correspondence on the allocation of the financial risks arising from open access competition, and the request for disclosure did not extend to the contractual terms put forward for the franchise in this respect.

GNER has applied to the High Court for a judicial review of ORR's decision to require Network Rail to grant access rights to open access operator Grand Central (which will enable it to compete with GNER) but there has been no suggestion of any claim against the Department.

For further information or advice please contact Franck Latrémolière.

Filed under DfT, ECML, Public transport.

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