In view of the resolution communicated today by the National Commission of Markets and Competition (CNMC), Amurrio Ferrocarril y Equipos wants to state the following:
That since the beginning of the investigations until today, in addition to showing full cooperation with the CNMC, it has been demonstrated:
- That the one who oversees compliance with the rules on competition, the CNMC, at the time of carrying out the inspection to Amurrio Ferrocarril y Equipos (October 7, 2015), concealed from this company that the authorization to enter the same had been denied by the Contentious Administrative Court, which obviously vitiated the search carried out.
- That the fact that the supply to Administrador de Infraestructuras Ferroviarias (ADIF) and, previously, to its predecessor Gestor Gestor de Infraestructuras Ferroviarias (GIF) was joint (in UTE) by Spanish manufacturers has its origin in the purpose of the GIF/ADIF itself to ensure that the high speed railway turnouts were manufactured in Spain, using the best existing technologies, and that they had demonstrable experience of good operation and maximum safety.
- The creation of joint ventures was also essential to unify these technologies and to be able to compete in the bidding procedures for railway turnouts called by the GIF/ADIF, especially when, in addition to the bidding of large volumes – already unaffordable on its own by any company in the industry – the supply of the turnouts in a short period of time was also required.
In short, being GIF/ADIF who decided to jointly contract the manufacture of turnouts, being demonstrated that the UTEs were essential to comply with the supply requirements of GIF/ADF, Amurrio Ferrocarril y Equipos considers absolutely unfair the decision of the CNMC because this company has only done is to comply with what has been required and demanded from the aforementioned bodies under the public administration: GIF/ADIF.
For all these reasons, Amurrio Ferrocarril y Equipos -understanding that it has not infringed any rule against free competition- announces that before the decision of the CNMC it will articulate the legal measures in its defense before the corresponding judicial instances.
Amurrio Ferrocarril y Equipos has always acted and will always act from a fundamental principle: the observance and respect for the law in force.
In Amurrio (Alava), July 2016.
