Merger Update

REVIEW OF UNDERTAKINGS GIVEN FOLLOWING THE CC REPORT - "FirstGroup plc and the Scottish Passenger Rail franchise: A report on the proposed acquisition by FirstGroup plc of the Scottish Passenger Rail franchise currently operated by ScotRail Railways Limited".

FirstGroup plc (First) has requested that the above undertakings, accepted by the Competition Commission on 15 October 2004, and varied on 2 February 2007 and 12 October 2010, be reviewed by the Office of Fair Trading (OFT) under section 92(2) of the Enterprise Act 2002 with a view to being varied to allow First to make a service withdrawal and certain service modifications in the Glasgow area in relation to some of the 'Controlled' routes listed in Annex F of the Undertakings.

First are also seeking permission for various changes to the way in which the Undertakings are monitored in order to resolve the operational difficulties that the Undertakings currently cause.

Further details of the proposed changes may be found at: http://www.oft.gov.uk/OFTwork/mergers/comment/consultations/scotrail 

First is seeking this variation to the Undertakings because of an appreciable fall in passenger demand, significant increases in operating costs and/or other relevant changes. Following the review the OFT will advise the Competition Commission on whether there has been a relevant change of circumstances such that, the undertakings need to be varied or to be superseded by a new enforcement undertaking.

Affected sector: Bus and train services in Glasgow and Edinburgh

Please send written representations about whether the change of circumstance is sufficient to warrant the proposed changes to:

Mrs C Bowley

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London EC4Y 8JX

Email: [email protected]

FAX: 020-7211-8916  

to arrive by 13 December 2011