English Welsh & Scottish Railways Limited (“EWS”) was found to have abused its dominant position in the market for haulage of coal by rail in Great Britain. The Office of Rail Regulation found that EWS had entered into exclusionary contracts with industrial coal users. This discriminated against Enron Coal Services Limited (“ECSL”). ECSL claimed that as EWS had overcharged them for coal haulage, this prevented them from obtaining new business.
On 21 December 2009, the Competition Appeal Tribunal ("CAT") dismissed ECSL's claim for damages for the loss of opportunity to win a contract to supply coal to a power station operated by Edison Mission Energy Limited (“EME”) for a four year period. The CAT found that ECSL had not established that it had a real or substantial prospect of supplying coal to EME. Therefore, ECSL had failed to establish that EWS's unlawful conduct had caused the loss that it claimed.
1106/5/7/08 – 21 December 2009