Den svenska marknaden för godstransporter på järnväg: En analys av dominerande ställning

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The Swedish rail freight market was deregulated in 1996. This granted private and public firms access to the tracks and enabled competition with the former state-owned monopoly Statens Järnvägar (SJ). SJ separated the freight business in 2001, to the separate but still state-owned company Green Cargo. Competition on the rail freight market has been strengthened gradually and Green Cargo has gone from a monopoly position to an average market share of 55 percent. The company's market shares vary in the different sub-markets. Green Cargo is dominant in some sub-markets, but not all. Dominant companies in a market can be problematic and are regulated in the Swedish Competition Act “konkurrenslagen” (SFS 2008: 579). Importantly, it is not illegal to be dominant, but it is the abuse of a dominant position that is regulated. Assessment of possible abuse of a dominant position, consists of three chronological steps. Initially (1) the relevant market is defined, in order to then (2) calculate the company’s market share and whether it sustains a dominant position and (3) assess whether the dominant operator has abused its dominant position. This report aims to implement the first two steps concerning the freight transport market. The overall question is whether rail freight should be regarded as a common market. The analysis is carried out in two parts. The first is a traditional competition analysis driven by competition law (SFS 2008: 579), while the other is limited to rail transport alone, which is justified on the basis of the EU directive SERA (Single European Railway Area) and the Railway Act “järnvägslagen” (SFS 2004: 519). The traditional competition analysis begins with defining relevant markets according to the Competition Act, and the existence of dominant players in these markets is examined. The second analysis is based on the Railway Act and includes only rail freight transport. The dominance issue is assessed in this second part, by calculating market shares for the given market: block trains, single wagon load trains, combined trains and ore trains on the Malmbanan in Northern Sweden. In the second part of the study, which is based on the Swedish Railway Act, the markets are given as block trains, single wagon load trains, combined trains and ore trains on the Malmbanan. Given these markets, the market shares for Green Cargo are calculated using available data on tonkm and assumptions. Green Cargo is found to be dominant on single wagon load trains where they are alone, but also on block trains where they are estimated to have a market share above 50 percent. There are several companies with a significant market share in combined trains, and none of them is dominant. At the Malmbanan, Luossavaara–Kiirunavaara AB (LKAB) manages its own transport and is dominant. The study shows that the Swedish rail freight market should not be seen as a uniform market. In the traditional competition analysis, three relevant markets are defined. Green Cargo is found to be dominant in the market for heavy freight transport in large volumes to or from industries in the Swedish inland where competition from other modes of transport is missing. In the market for medium-heavy goods transport within Sweden, Green Cargo is not dominant, as there is competition from other types of traffic. Defining the markets to include only rail transport, Green Cargo is dominated by two of four markets; system trains and cargo transports. However, a dominant position does not per se mean there is imperfect competition.

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