Message-ID: <4679111.1075844206036.JavaMail.evans@thyme>
Date: Fri, 11 May 2001 08:43:00 -0700 (PDT)
From: george.mcclellan@enron.com
To: paul.dawson@enron.com, tom.kearney@enron.com, stuart.staley@enron.com, 
	riaz.rizvi@enron.com, robert.quick@enron.com, mark.evans@enron.com, 
	andrew.morrison@enron.com, mark.schroeder@enron.com, 
	fiona.grant@enron.com, jackie.gentle@enron.com, 
	richard.lewis@enron.com, richard.shapiro@enron.com
Subject: RE: ORR Investigate EWS Railways for Abuse of Dominance
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X-From: George Mcclellan
X-To: Paul Dawson, Tom Kearney, Stuart Staley, Riaz Rizvi, Robert Quick, Mark Evans, Andrew Morrison, Mark Schroeder, Fiona Grant, Jackie Gentle, Richard Lewis, Richard Shapiro
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Paul - you guys are tough.  Let's see what kind of reaction they get from EWS.

Thanks,

George

 -----Original Message-----
From:  Dawson, Paul  
Sent: Friday, May  11, 2001 1:05 PM
To: Kearney, Tom; Staley, Stuart; Mcclellan, George; Rizvi, Riaz; Quick, 
Robert; Evans, Mark; Morrison, Andrew; Schroeder, Mark; Grant, Fiona; Gentle, 
Jackie; Lewis, Richard; Shapiro, Richard
Subject: ORR Investigate EWS Railways for Abuse of Dominance

Following our complaint to ORR about abuse of dominance by EWS Railways, they 
have formally launched a Competition Act investigation.  They have asked EWS 
to provide copies of all correspondence (including e-mails, records of 
telephone conversations etc) relating to their dealings with a range of 
counterparties.  (Failure to provide this information is a criminal 
offence.)  This information will support their investigation into two 
elements of our complaint, namely that EWS has effectively refused to deal 
with Enron Coal Services and that they have sought to foreclose the market to 
us by discriminatory pricing.  ORR is also currently discussing two other 
allegations with other relevant competition authorities:

with the European Commission - the impact of unduly long term contracts with 
some generators that have foreclosed the market to ECSL; and
wth the US Department of Justice -  EWS's attempts to unfairly influence GM's 
pricing of locomotives to EWS competitors.

ORR may launch a further investigation into these two allegations once the 
outcome of their jurisdictional discussions is clear.  At this stage, the 
investigation is still confidential and ORR see no need for further publicity 
at the current time.

Further details are in the attached fax.

Paul


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