The Office of Rail and Road (ORR) has recently published the
conclusions of its Retail Market Review. The Review focused on who
sells tickets, what tickets are sold, where and how tickets are
sold and the ticket format. Currently train operating companies
(TOCs) determine many of the rules and industry practices that
third party retailers are subject to when selling tickets.
Since June 2015, the ORR has been working with TOCs, the Rail
Delivery Group (RDG) and third party retailers to develop four main
recommendations. TOCs (through RDG) plan to implement the following
three recommendations by March 2017:
Transparency – publish guidance that determines third
party retailers' commission and cost contributions for shared
Working Group – set up a formal working group consisting
of existing or prospective online third party retailers.
Dispute Resolution – introduce an independent dispute
resolution mechanism for online third party retailers.
The ORR's fourth recommendation to appoint an independent
customer champion who would participate in TOCs'
decision-making groups was not accepted by RDG. RDG felt this
would undermine its accountability with third parties. The
ORR continues to support its recommendation and hopes that it will
form part of changes to RDG governance in the future.
Retailers' access to discounted fares
The ORR highlighted that the lack of availability of discounted
fares through all retail channels may raise competition law issues.
Restricting some third party retailers from selling discounted
fares may encourage passengers to use other websites which benefit
from them, ultimately undermining competition in the market place.
The Review has examined the industry as a whole and not considered
the conduct of any particular TOC – individual TOCs should
carefully assess their conduct under the competition rules.
Improvements to the retail market
The ORR has also been progressing a number of other
recommendations since June 2015, such as:
TOCs encouraging smaller third party retailers to enter the
market (for example, convenience stores).
RDG facilitating the development of ticket vending machines. By
March 2017, the ORR will report on whether the TOCs have made
progress to improve the machines.
To what extent will the ORR Review benefit consumers? Whilst the
recommendations draw attention to the issues, they remain only
recommendations. Time will tell the extent of the benefit to
customers and other stakeholders. Other issues remain at large,
such as the myriad of different ticket options for a single journey
and lack of transparency about these. There is also a risk that
ticket sales by individual TOCs may be scrutinised by the ORR under
the competition rules if retailers are able to show that they are
being excluded from selling a reasonable range of fares for the
rail services operated by the TOC.
Dentons is the world's first polycentric global law firm. A
top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm
is committed to challenging the status quo in delivering consistent
and uncompromising quality and value in new and inventive ways.
Driven to provide clients a competitive edge, and connected to the
communities where its clients want to do business, Dentons knows
that understanding local cultures is crucial to successfully
completing a deal, resolving a dispute or solving a business
challenge. Now the world's largest law firm, Dentons'
global team builds agile, tailored solutions to meet the local,
national and global needs of private and public clients of any size
in more than 125 locations serving 50-plus countries.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Dentons will hold a Competition Breakfast Seminar on February 28, 2017 titled: Rebates and discounts under EU competition law – lessons of the Intel case. Renowned competition lawyer James Venit from Dentons’ Brussels office will be joining co-heads Tihamér Tóth and Tünde Gönczöl of Dentons Budapest’s
You are cordially invited to a practical seminar on private antitrust enforcement in light of the soon to be implemented Damages Directive, which we address to the banking and finance sector. During the seminar we will present new tools designed for cartel damages litigation in light of fast forwarding the legislative process in Poland from a lawyer’s and an economist’s perspective. We will discuss examples of private antitrust litigation from a jurisdiction where the system is already effective and consider whether third party litigation funding is an option in Poland. All these points will help you identify potential claims against other market players and prepare a defense strategy against private enforcement claims targeting your institution.
From March 2 to 14, 2017, the “Invest & Trade in Ukraine ’17 – Transatlantic” conference series will take place in four North American economic centers – Toronto, New York, Houston and San Francisco. A7 CONFERENCES and Dentons are co-organizing the conferences under the patronage of the Ministry of Foreign Affairs of Ukraine.
The sixth international "Invest & Trade in Ukraine" road show will bring together large, medium and small companies from Ukraine, Canada and the US to expand cross-border business cooperation and create a strong business development platform for the future. Each part of the tour will be followed by open discussions and meetings between investors and the senior management of Ukrainian, American and Canadian companies. This year the forum is focused on three sectors – agribusiness, infrastructure and energy.
Arianespace plans 12 launches in 2017. Arianespace's launch schedule is expected to include seven Ariane 5 launches, three Vega launches and two Europeanized Soyuz, following 11 successful launches in 2016.
It is common practice for traders, usually when they are the sellers of the goods and the charterers of a vessel, to instruct the carrier to discharge cargoes without production of the original bills of lading and to agree to indemnify the carrier against the consequences of doing so.
With the inclusion of an electronic bills of lading clause in the latest iteration of the NYPE form, as well as the International Group of P&I Clubs' approval of 3 electronic trading systems, we discuss some of the possible advantages and disadvantages of such systems to international trade.
A trading dispute under an FOB contract provides the opportunity to clarify a number of issues including the role of local custom in the nomination of a port, whose right it is to nominate a loading place within a port, the nomination of a vessel incapable of loading at the original loading place and the nomination of a vessel incapable of performing the shipment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).