Fieldfisher has claimed an unexpected victory over Addleshaw Goddard in the Competition Appeal Tribunal, acting for Achilles Information in its dispute with Network Rail Infrastructure.

The railway company had historically used supply chain risk and performance management firm Achilles to carry out audits and reports on its infrastructure contracts.

But the dispute arose after Network Rail said in 2018 that it would only recognise a new form of assurance scheme – the Railway Industry Supplier Qualification Scheme (RISQS) – when reviewing future contracts. 

As a result, this new rule excluded Achilles from offering its supplier assurance services to businesses in the rail sector, given that Network Rail owns and operates most of the British railway structure.

Network Rail had argued that the RISQS-only rule was needed to ensure safety on the railways, though the company had not discussed this matter with Achilles prior to the case.

The tribunal ruled unanimously in favour of Achilles, saying in its judgment that Network Rail had abused its assumed dominant position in the market with its RISQS-only requirements.

Co-head of Fieldfisher's regulatory team John Cassels, who led the firm's team, commented in a statement that the case was a real 'David versus Goliath' situation for Achilles, as well as being a difficult decision for Achilles to pursue the case.

He continued: "Achilles was extremely reticent about challenging Network Rail when the case was essentially about Achilles seeking to be allowed to offer its services to the GB rail sector, as it had done previously. Clearly, Achilles had to weigh up the pros and cons of bringing forward a case with a partner it had previously worked with on a regular basis, particularly when that partner is Network Rail.

"For its part, Network Rail was vigorous in its defence, even to the extent of bringing in the independent regulator, the Office of Rail and Road, to give evidence in support of Network Rail."