Judgment of the Tribunal on the preliminary issue in relation to the Sentinel Scheme and On-Track Plant Operations Scheme, the Claimant having recognised in the course of the trial that the Defendant is free to choose its provider of supplier assurance in relation to the Principal Contractor Licensing Scheme.
For the reasons set out in the Judgment and on the assumption that the Defendant holds a dominant position in the market for the operation and provision of access to national rail infrastructure in Great Britain, the Tribunal concluded unanimously that the requirement in the Sentinel Scheme and On-Track Plant Operations Scheme that suppliers and persons seeking access to the Defendant’s managed infrastructure must obtain supplier assurance only through the Railway Industry Supplier Qualification Scheme and not through alternative schemes infringes the Chapter I and Chapter II prohibitions of the Competition Act 1998.
