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Simon Dodd

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About Simon Dodd

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    BFE Member
  • Birthday 11/04/1982

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  1. Brest was discussed by the Commission, but wasn't found to be competing with Roscoff - lack of facilities, not in terms of a linkspan, but other issues (haven't the decision in front of me though - possibly lack of immigration/customs and restrictions around the naval base?).
  2. Absolutely. I was selectively referencing the B&I one merely as B&I is now Irish Ferries. There's other decisions relating to ports being essential facilities in other Member States too (eg Rodby in Denmark). Some very interesting cases!
  3. Thanks! :-) Yes, Roscoff port did indeed try to block ICL in order to protect BF. In terms of competition law, where there is such an essential facility, 'reasonable' access must be given - ie the port cannot deny access or impose conditions that are equivalent to denial (eg berthing slots that are completely unacceptable). Interestingly, there was a similar case a couple of years earlier involving Holyhead, where Sealink (owner of the port as well as the ferry operator) was found to breached competition law by arranging its schedules to cause maximum inconvenience to B&I (since acquired by the successor to ICL). Where there is no essential facility (ie there's no vertical links between ports and operators or if there are competing ports so that there is no one essential port that must be served), then this principle won't apply.
  4. In 1995 Irish Continental Group wanted to run a ferry service to Roscoff. CCI Morlaix, the manager of the port, although not a ferry operator, had a 5% shareholding in Brittany Ferries. The European Commission considered that CCI Morlaix’s conduct over the negotiations was a refusal to supply access and that this refusal would have constituted an abuse of dominance (ie a breach of competition law). (sorry about the detail - I'm a rare poster and also a competition lawyer)
  5. Simon Dodd

    Brexit may raise BF fares

    and, in addition, Sterling is predicted to fall significantly against the US Dollar (down to £1=US$1.15) - as oil is priced in US Dollars, this will make fuel significantly more expensive
  6. Simon Dodd

    MY FERRY LINK - Latest updates

    The Competition Appeal Tribunal has dismissed the appeals by Eurotunnel and SCOP against the CMA's decision
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