Freightliner claims damages against EWS for abuse

Competition Appeal Tribunal notice (2 pages, PDF) that Freightliner has filed a claim for damages against EWS following the ORR's 2006 decision (not contested by EWS) that EWS had abused a dominant position in coal transport.

Freighliner is seeking damages for loss of market share attributable to EWS' alleged infringements including predatory pricing directed at Freightliner between July 2002 and December 2003 and EWS' maintenance of exclusionary agreements with major customers.

Special limitation rules apply for follow-on damages claims for damages: claimants have two years after the infringement decision becomes final — see paragraph 6.68 of the CAT guide (73 pages, PDF).

For further information or advice please contact Franck Latrémolière.

Filed under CAT, ORR, Public transport.

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