Getting The Deal Through logo
Getting The Deal Through

    Expand All / Collapse All

  • 1.

    How is the rail transport industry generally structured in your country?

  • 2.

    Does the government of your country have an ownership interest in any rail transport companies or another direct role in providing rail transport services?

  • 3.

    Are freight and passenger operations typically controlled by separate companies?

  • 4.

    Which bodies regulate rail transport in your country, and under what basic laws?

  • 5.

    Is regulatory approval necessary to enter the market as a rail transport provider? What is the procedure for obtaining approval?

  • 6.

    Is regulatory approval necessary to acquire control of an existing rail transport provider? What is the procedure for obtaining approval?

  • 7.

    Is special approval required for rail transport companies to be owned or controlled by foreign entities?

  • 8.

    Is regulatory approval necessary to construct a new rail line? What is the procedure for obtaining approval?

  • 9.

    What laws govern a rail transport company’s ability to voluntarily discontinue service or to remove rail infrastructure over a particular route?

  • 10.

    On what grounds, and what is the procedure, for the government or a third party to force a rail transport provider to discontinue service over a particular route or to withdraw a rail transport provider’s authorisation to operate? What measures are available for the authorisation holder to challenge the withdrawal of its authorisation to operate?

  • 11.

    Are there sector-specific rules that govern the insolvency of rail transport providers, or do general insolvency rules apply? Must a rail transport provider continue providing service during insolvency?

  • 12.

    Do general and sector-specific competition rules apply to rail transport?

  • 13.

    Does the sector-specific regulator have any responsibility for enforcing competition law?

  • 14.

    What are the main standards for assessing the competitive effect of a transaction involving rail transport companies?

  • 15.

    Are the prices charged by rail carriers for freight transport regulated? How?

  • 16.

    Are the prices charged by rail carriers for passenger transport regulated? How?

  • 17.

    Is there a procedure for freight shippers or passengers to challenge price levels? Who adjudicates those challenges, and what rules apply?

  • 18.

    Must rail transport companies charge similar prices to all shippers and passengers who are requesting similar service?

  • 19.

    Must entities controlling rail infrastructure grant network access to other rail transport companies? Are there exceptions or restrictions?

  • 20.

    Are the prices for granting of network access regulated? How?

  • 21.

    Is there a declared policy on allowing new market entrants network access or increasing competition in rail transport? What is it?

  • 22.

    Must rail transport providers serve all customers who request service? Are there exceptions or restrictions?

  • 23.

    Are there legal or regulatory service standards that rail transport companies are required to meet?

  • 24.

    Is there a procedure for freight shippers or passengers to challenge the quality of service they receive? Who adjudicates those challenges, and what rules apply?

  • 25.

    How is rail safety regulated?

  • 26.

    What body has responsibility for regulating rail safety?

  • 27.

    What safety regulations apply to the manufacture of rail equipment?

  • 28.

    What rules regulate the maintenance of track and other rail infrastructure?

  • 29.

    What specific rules regulate the maintenance of rail equipment?

  • 30.

    What systems and procedures are in place for the investigation of rail accidents?

  • 31.

    Are there any special rules about the liability of rail transport companies for rail accidents, or does the ordinary liability regime apply?

  • 32.

    Does the government or government-controlled entities provide direct or indirect financial support to rail transport companies? What is the nature of such support (eg, loans, direct financial subsidies, or other forms of support)?

  • 33.

    Are there sector-specific rules governing financial support to rail transport companies and is there a formal process to request such support or to challenge a grant of financial support?

  • 34.

    Are there specialised labour or employment laws that apply to workers in the rail transport industry, or do standard labour and employment laws apply?

  • 35.

    Are there specialised environmental laws that apply to rail transport companies, or do standard environmental laws apply?

  • Updates and trends

View profile

More than 150 years after the founding of our firm, Sidley today comprises a diverse group of legal professionals from many cultures who are dedicated to teamwork, collaboration, and superior client service.

View more information about Sidley Austin LLP


Washington, D.C.
1501 K Street, N.W.
20005
Washington, D.C.
USA
T: +202 736 8000
F: +202 736 8711


Testimonials

Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content

Subscribe



Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn