Case details

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Anticompetitive practices
Case reference
PRC/2013/3
Entities involved
  • CP CARGA – Logística e Transportes Ferroviários de Mercadorias, S.A.
Natural persons involved
No
Sector
  • Transport & Infrastructure
Activity (NACE)
  • H49 - Land transport and transport via pipelines
Investigated practice
  • Abuse of dominant position
Legal provisions
  • European-TFEU-Article 102
  • National-Law 18/2003-Article 6
  • National-Law 19/2012-Article 11
Case origin
Complaint
Dawn raids
No
Cooperation with sector regulators
  • AMT - Mobility and Transport Authority
Status
Closed
AdC’s decision
Filing decision
Settlement
Sanction imposed
Summary of the case

On April 24, 2013, following a complaint submitted to the Portuguese Competition Authority (AdC) by  TAKARGO - Transporte de Valores, S.A. (TAKARGO)  for an alleged abuse of dominant position by CP CARGA - Logística and Transportes Ferroviários de Mercadorias, S.A. (CP CARGA), based on the predatory pricing of contained rail freight in the Sines - Entroncamento corridor, where CP CARGA allegedly practiced prices below average variable costs and below the total average costsThe routes Lisbon - Elvas and Lisbon – Leixões were also mentioned. According to the complainant, the prices charged on these routes would be much lower than the total average costs.

The AdC concluded that CP CARGA did not practice prices below the average costs in container rail transport on the Sines – Bobadela; Sines – Entroncamento; Lisbon - Leixões and Lisbon – Elvas routes, between 2010 and 2013 and there was no evidence of predatory pricing.

The AdC considered then that it could not be concluded that there was an abuse of a dominant position and concluded the case with a filing decision on December 3, 2014.

Timeline
2013-04-24
Case initiation
2013-04-24
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