Milbank LLP Litigation & Arbitration partner Julian Stait, special counsel Mark Padley, and associates Freddie Fisk and Annis Easton have authored an article for Thomson Reuters Practical Law that examines a recent decision of the Competition Appeal Tribunal (CAT) concerning alleged abuse of dominance by UK rail operators. In its second decision following the trial of a claim brought under the UK’s competition collective proceedings regime, the CAT has rejected a claim that certain UK rail operators had abused their dominant positions by failing to make so-called “boundary fares” sufficiently available, or promote their use, to their customers. In its judgment, the CAT also provided important guidance on the limits of competition law where there are allegations of exploitative abuses by unfair conduct.
