Back in December 2006, the Office of Rail Regulation (ORR), which has concurrent powers with the OFT to apply competition law, found that English Welsh & Scottish Railway Limited (EWS) had breached competition law. In its decision the ORR found that EWS had abused a dominant position in the market in various ways, including predatory pricing aimed at excluding Freightliner Limited and Freightliner Heavy Haul Limited (Freightliner) from the market for coal haulage by rail. Freightliner now claims that EWS's illegal conduct placed it at a competitive disadvantage and reduced its market share. Consequently, Freightliner has launched a "piggy-back" claim for damages to the Competition Appeal Tribunal under section 47A of the Competition Act 1998 based on the ORR's findings in 2006.