Achilles Information Limited v Network Rail Infrastructure Limited [2019] CAT 20

Philip Woolfe and Stefan Kuppen appeared on behalf of the Claimant.

Preliminary

1. Achilles Information, a provider of ‘supplier assurance’ to the rail sector and other industries, successfully challenged Network Rail for breaches of both Chapter I and Chapter II of the Competition Act 1998. The Claim related to the terms of certain authorisation schemes operated by Network Rail, which authorised suppliers providing services on Network Rail infrastructure. The terms required, as a condition of authorisation,that suppliers obtained assurance from Network Rail’s chosen provider,RISQS. The decision underlines that public-sector entities need to be alert to the potential application of competition law even where they are pursuing public interest objectives.

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