NTM Sales

The outcome of our investigation under the Competition Act 1998 in 2004-2005 into a complaint by NTM Sales and Marketing Ltd (NTM).

We decided that there are no grounds for action under the Chapter I prohibition of the Competition Act 1998 and Article 81 of the EC Treaty against Portec Rail Products (UK) Ltd (Portec) and RS Clare and Company Ltd pdf icon PDF, 923 Kb (Clare). We have also decided, in respect of Portec, that there are no grounds for action under the Chapter II prohibition of the Competition Act 1998 and Article 82 of the EC Treaty.

Our decision follows its investigation into a complaint by NTM Sales and Marketing Ltd (NTM), made on 20 July 2004, that Portec had attempted to use a dominant position in the market for the supply of testing services for grease for use in electric trackside lubricators to foreclose the market for the supply of grease for use in electric trackside lubricators to NTM.

Although we did not rule out that Portec may be dominant in this market, it did not find sufficient evidence to conclude that Portec had abused a dominant position or that it had entered into any anti-competitive agreements or practices with Clare.