INTRODUCING AND PROTECTING COMPETITION IN THE RAIL SECTOR

This paper discusses various European and UK legislation relating to competition in the railway industry. Transport policy and legislation in the European Economic Community (EEC) includes: a) special treatment of the transport sector; b) the 1991 Railways Directive 91/440/EEC on EEC railways; and c) legislation on combined transport. The competition rules under EEC law include those applying to rail transport and the Channel Tunnel, notifications and Commission decisions, and state aids in the transport sector. The competition rules under UK law are: a) the Fair Trading Act 1973; b) the Restrictive Trade Practices Act 1976; c) the Competition Act 1980; d) the Transport Act 1967; e) the Railways Bill 1993; and f) the Channel Tunnel Act 1987. Eight specific applications of rules to UK rail privatisation are mentioned, of which five refer to rail freight and three to passenger services. The full texts are appended of the following European legislation: (1) Council Directive 91/440/EEC of 29 July 1991 on the development of the EEC's railways, and its corrigenda of 24 August 1991; (2) Regulation (EEC) No. 1017/68 of the Council of 19 July 1968, applying rules of competition to transport by rail, road and inland waterway; (3) Council Regulations (EEC) Nos 1107/70, 1100/89, and 3578/92 of 4 June 1970, 27 April 1989, and 7 December 1992, on the granting of aids for transport by rail, road and inland waterway. For the covering abstract see IRRD 865967.