1258/5/7/16 UKRS Training Limited v NSAR Limited

Application under section 47A of the Competition Act 1998 (the “Act”) for an interim injunction to restrain an alleged infringement of the Chapter II prohibition in the Act, arising from the suspension of the Claimant’s/Applicant’s Rail Training Accreditation Scheme (“RTAS”) accreditation by the Defendant/ Respondent (the “Application”).

The Defendant/Respondent, NSAR Limited, runs the RTAS. According to the Application, RTAS accreditation is required by any training provider which provides training to people wishing to work on Network Rail’s infrastructure. The Claimant/Applicant, UKRS Training Limited, is such a training provider.

At a hearing on 28 June 2016, and upon receipt of certain undertakings by the parties, the President made an order giving directions for the hearing of the Application on 21 July 2016. In accordance with those directions, a claim form was filed on 8 July 2016. At the hearing on 21 July 2016, the parties consented to the issue of whether the Defendant/Respondent is an undertaking being determined as a preliminary issue in the proceedings. Further undertakings were received from the parties pending the determination of the preliminary issue. The hearing of the preliminary issue took place on 6 and 7 October 2016. Judgment on the preliminary issue was handed down on 5 July 2017 ([2017] CAT 14). The Tribunal gave a Ruling in relation to costs ([2017] CAT 24) on 27 October 2017 and the proceedings were stayed by Order of the President of the same date.

By Order of the President dated 15 January 2021, the claim was withdrawn by consent.