Review of the Rolling Stock Leasing Market Investigation Order 2009

In 2007, following a market study into the leasing of rolling stock, ORR referred the market to the Competition Commission (the CC) for a more in-depth investigation. The CC found a number of issues which restricted effective competition in the market for rolling stock.

To address these issues, the CC put in place two complementary remedies:

  1. An amendment of rolling stock lessors’ Codes of Practice to remove non-discrimination requirements; and
  2. A “Transparency Order “– which required rolling stock leasing companies to provide a set list of information when making any offer to lease (used) rolling stock to operate on franchised passenger services.

The CC’s package of remedies came into force on 22 Feb 2010.

ORR has a role in monitoring compliance, and the effectiveness of, these remedies.

We last undertook a review in 2014 and are again seeking views on the operation of the remedies from all rolling stock leasing companies and TOCs operating in the UK. We are interested in any representations and supporting evidence that interested parties may wish to provide on:

  • The operation of the remedies to date, and the potential impact of the removal of the Transparency Order; and
  • Any substantive changes in the market since the implementation of the remedies – such as the availability of alternative rolling stock and rates of switching.

We would be grateful to receive any input to our work, in writing to lisa.thurston@orr.gov.uk, by 14 August 2019. We will also be contacting TOCs and rolling stock leasing companies with a more detailed set of questions.