{"id":63531,"date":"2015-10-30T12:00:09","date_gmt":"2015-10-30T12:00:09","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=8023cb8b4cbcfb1cc261fc060dce6a39"},"modified":"2015-10-30T12:00:09","modified_gmt":"2015-10-30T12:00:09","slug":"press-release-cma-to-review-scottish-bus-undertakings","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=63531","title":{"rendered":"Press release: CMA to review Scottish bus undertakings"},"content":{"rendered":"<div class=\"govspeak\">\n<p>The review follows <a href=\"https:\/\/www.gov.uk\/government\/consultations\/firstgroup-plc-request-to-release-merger-undertakings\">a consultation<\/a> by the Competition and Markets Authority (<abbr title=\"Competition and Markets Authority\">CMA<\/abbr>) last month in response to a request made by <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr>. <\/p>\n<p>As a result of the current undertakings, which were first given by <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr> plc following its acquisition in 2002 of SB Holdings and have been subsequently amended following the <a rel=\"external\" href=\"http:\/\/webarchive.nationalarchives.gov.uk\/20111202195250\/http:\/www.competition-commission.org.uk\/rep_pub\/notices\/sbh_notice_undertakings.htm\">Competition Commission\u2019s review in 2008<\/a>, a basket of <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr>\u2019s fares in Glasgow and Scotland East (see below) is capped and in Scotland East <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr> is required to operate at least 75% of the mileage that it operated in January 2002. It is also required not to increase commercial competition against tendered services where it was unsuccessful in bidding for the tender and to operate even spacing of new commercial services between those of competitors. <\/p>\n<p><abbr title=\"FirstGroup plc\">FirstGroup<\/abbr> has provided the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> with evidence suggesting that there may have been changes in the competitive conditions in these markets and in the costs and demand conditions affecting the operation of the remedies. The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> will now consider the implications of this evidence for the remedies and whether the remedies should be removed, varied or kept as they are. <\/p>\n<p>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> has appointed a group of 3 independent panel members to act as decision-makers.<\/p>\n<p>Further details, including the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr>\u2019s decision statement can be found on the <a href=\"https:\/\/www.gov.uk\/cma-cases\/firstgroup-undertakings-review\">case page<\/a>. <\/p>\n<p>In addition to considering requests by companies to review undertakings, the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> also proactively keeps existing undertakings under review so that those that are no longer necessary are removed. <a href=\"https:\/\/www.gov.uk\/government\/publications\/merger-undertakings-released\">The Department for Business, Innovation and Skills (<abbr title=\"Department for Business, Innovation and Skills\">BIS<\/abbr>) yesterday announced<\/a> that it had accepted the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr>\u2019s advice to remove 7 sets of undertakings given under the Fair Trading Act 1973. <\/p>\n<h3 id=\"notes-for-editors\">Notes for editors<\/h3>\n<ol>\n<li>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> is the UK\u2019s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. <\/li>\n<li>The undertakings were originally given in 2002 to the then Secretary of State for Trade and Industry under section 88 of the Fair Trading Act 1973. This followed a review by the Monopolies and Mergers Commission of the 1996 acquisition of SB Holdings Limited, a Scottish bus operator. In 2006 the Office of Fair Trading (<abbr title=\"Office of Fair Trading\">OFT<\/abbr>) recommended that <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr> should be released from the undertakings. The Competition Commission (<abbr title=\"Competition Commission\">CC<\/abbr>) decided not to follow the <abbr title=\"Office of Fair Trading\">OFT<\/abbr>\u2019s recommendation but instead varied the undertakings by revising the fare cap and rebasing the mileage floor.<\/li>\n<li>Scotland East predominantly consists of the unitary authorities of Stirling, Clackmannanshire, Falkirk, West Lothian, Midlothian, East Lothian and the Scottish Borders. The price cap and mileage floor do not extend to Edinburgh.<\/li>\n<li>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> has the ability to supersede, vary or release certain undertakings accepted under the Fair Trading Act 1973; this includes the <abbr title=\"FirstGroup plc\">FirstGroup<\/abbr> undertakings. This power is exercisable in the same circumstances, and on the same terms and conditions as applied to the Secretary of State under the Fair Trading Act 1973; namely that by reason of any change of circumstances the undertakings are no longer appropriate and need to be varied, superseded or released. <\/li>\n<li>For more information on the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> see our <a href=\"https:\/\/www.gov.uk\/government\/organisations\/competition-and-markets-authority\">homepage<\/a> or follow us on Twitter <a rel=\"external\" href=\"https:\/\/twitter.com\/CMAgovUK\">@CMAgovuk<\/a>, <a rel=\"external\" href=\"https:\/\/www.flickr.com\/photos\/cma-gov-uk\/\">Flickr<\/a> and <a rel=\"external\" href=\"https:\/\/www.linkedin.com\/company\/competition-and-markets-authority?trk=tyah&amp;trkInfo=tas%3ACompetition+and+Markets+Authority\">LinkedIn<\/a>.<\/li>\n<li>Enquiries should be directed to Simon Belgard (<a href=\"mailto:simon.belgard@cma.gsi.gov.uk\">simon.belgard@cma.gsi.gov.uk<\/a>, 020 3738 6472).   <\/li>\n<\/ol>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>The CMA is to review undertakings affecting FirstGroup plc\u2019s (FirstGroup) bus business in central and southern Scotland.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/63531"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63531"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/63531\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}