The Office of Rail Regulation has launched a consultation into the operation of the Rolling Stock Leasing Market Investigation Order 2009. The Investigation Order was put in place by the Competition Commission as a result of its investigation into the rolling stock leasing market.
Background
In 2009, the Competition Commission published the findings of its investigation into the rolling stock leasing market. It found that certain features of the rolling stock market were having an adverse impact on competition. The Competition Commission implemented a number of measures to combat this problem, including:
- removing non-discrimination obligations within Rolling Stock Companies' (ROSCOs') Codes of Practice; and
- requiring ROSCOs to provide train operators with certain information, so that train operators are able to better compare competing offers.
The Consultation
The ORR's consultation document states that the ORR is seeking views from stakeholders such as train operators, ROSCOs, and funders on:
- the effectiveness of the removal of non-discrimination terms;
- the effectiveness and fitness-for-purpose of the Investigation Order and whether the ROSCOs have been compliant with it; and
- any other important changes that have taken place since the Order came into force.
Next steps
The ORR invites responses from stakeholders by 16:00 on 16 February 2015. It estimates that its review of responses will be completed by the end of March 2015. The ORR will then consider what, if any, steps it should take in light of the information gathered, and it expects to communicate its findings to the industry by means of a public letter.
For more information, please visit the ORR's consultation page.
The author Lydia Cullimore works with Brioney Thomas and Simon Coppen in our commercial Rail team.