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Conclusions about the real world
Conclusions about the real world
We have made findings about the volume of NR’s past and future requirement in the real world. We have determined that we cannot make any finding that the claimant is likely to continue in the business of producing concrete sleepers in Great Britain beyond 2036 and for the purposes of this decision we therefore need not go beyond that date. It is agreed that the claimant’s market share to that date will be 30%.
The rest of this decision relates to the no-scheme world.
- Heading
- Introduction
- The legal background
- The factual background
- The supply and demand for sleepers in Great Britain
- The Washwood Heath factory
- Local Distribution Centres and the rail network
- Contracts and tenders
- The P3 procurement exercise and contract
- The issues in the appeal
- Issue 1(1): the volume of sleepers required by NR to date in the real world and the no scheme world
- The authority’s case about NR’s requirement to date
- The claimant’s position about NR’s requirement to date
- Discussion and conclusions on NR’s requirement to date
- Issue 1(2): NR’s future requirement for sleepers in the real world and the NSW
- The background to future demand
- The claimant’s case about future requirement
- The authority’s case about future requirement
- Discussion and conclusion about future requirement
- Issue 2: the duration of the claimant’s business in the real world and the no scheme world
- Conclusions about the real world
- Issue 3: the terms of the extension contracts from April 2017 to April 2020
- Market share and MGV
- Price in the short-term contracts
- Market share
- Issue 4: the terms of the P3 contract in the no scheme world
- Price in the P3 contract in the no scheme world
- Would there have been an MGV in the P3 contract in the no scheme
- Market share during the P3 contract in the no scheme world
- The Area B problem
- Conclusions