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EU Regulation and Competition Law in the Transport Sector, 2nd Edition edited by Ortiz Blanco, Luis; Van Houtte, Ben (23rd February 2017)

Part III Inland Transport, 10 Railway Transport (II) Competition

Mark J English

From: EU Regulation and Competition Law in the Transport Sector (2nd Edition)

Edited By: Luis Ortiz Blanco, Ben Van Houtte

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 June 2019

Subject(s):
Joint ventures — Abuse of dominant position — Market definition — European Union — Technology — Passenger transport — Railways — National merger control — State aid

Without liberalization, there is little or no competition to distort or protect. The relatively slow pace of liberalization in the rail sector in the European Union has affected all areas of competition law enforcement in the sector. Further, rail liberalization has happened at different paces in different Member States, which has led to different scopes for application of the competition rules in different Member States. The United Kingdom is the obvious exception to this rule. While legal and economic barriers have no doubt played their role, it should not be ignored that much of the rail sector may not be viable without significant public support. This may also discourage prospective entrants. Chapter 10 sets out the regulatory framework for the application of competition rules to the road sector, and describes the practice in respect of restrictive agreements, abuse of dominant position, mergers, and State aid.

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