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The OFT has announced that an individual has been charged under the cartel offence (s188 of the Enterprise Act 2002) for his participation in a suspected steel tanks cartel. The charge has been brought following the OFT’s investigation into suspected cartel activity in the supply of galvanised steel tanks for water storage.
The individual has been named as Peter Snee and is facing the charge that he dishonestly agreed with others to fix prices, rig bids and divide customers in respect of the supply of galvanised steel tanks between 2004 and 2012.
If convicted, he could face up to 5 years in prison and/or an unlimited fine. The companies involved in the alleged cartel are subject to a separate related civil investigation.
The High Court has delivered its judgment in an action by Arriva The Shires Ltd (ATS), against London Luton Airport Operations Ltd (Luton Operations). ATS claimed that, in relation to the award and operation of a coach concession, Luton Operations had abused its dominant position, contrary to the Chapter II prohibition of the Competition Act 1998.
In 2013, the contract to provide a coach service between the airport and central London, which had previously been provided by ATS, was awarded to National Express. National Express was given a seven year exclusivity period (except in relation to easyBus) and a right of first refusal in relation to the operation of other services.
The High Court concluded that, assuming Luton Operations held a dominant position, it had not abused that position in the way in which it conducted the tender process for the award of the concession agreement.
However, it was held that the terms of the new concession agreement (the extended grant of exclusivity, the right of first refusal and discrimination in favour of easyBus) were abusive, in that they seriously distorted competition between coach operators wanting to provide services from the airport bus station.
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or email@example.com