You say that bus operators are liable to be investigated by the CMA if they cooperate on timetables etc. Would that also be the case if First bus cooperated with (First) Great Western Railway on timetables etc. Passenger living in hope that arrangements in my youth when the bus allowed you to catch the train, and when you returned there was a bus timetabled to take you home from your train. In theory of course, current rail punctuality makes it unlikely in reality.
I'm not a legal expert; can only comment based on what I've heard and seen on this Competiton and Mergers Authority (CMA) thing.
The CMA is designed (I believe) to stop any one company gaining a monopoly in a market (which it could then take advantage of by offering only a limited range of products at prices and with terms and conditions that are in the interest of the monolpoly holder. They're all powerful as an organisation - the "A" for Authority is correct. Just recently, the poorly performing Countrywide Farmers in our area was offered a takeover lifeline by Mole Valley farmers. The CMA stepped in and said they would launch a six month investigation to see if that was to be allowed, but for a floundering buisness that was too long to wait and Countrywide is now being run by Administrators. All stock at knockdown prices and "another 5 stores close this Friday" according to my friends. Ironically, if the Melksham store goes, the logical place for countryside suppies is - err - Mole Valley Farmers in Devizes, so the short term effect of them not being allowed the takeover is the loss of jobs and convenience of a local shop in Melksham, with Mole Valley Farmers getting the business anyway. Our
MP▸ (Michelle Donelan) has looked into it and says that there's nothing she can do, sorry staff - your jobs will go (I may be paraphrashing here).
On public tranpsort, there's a similar issue. First Group, looking to shed their North Devon operation were prepared to sell it as a going concern to Stagecoach, but the CMA stepped in and cried "Monopoly" and "Lack of Competition". So First shut their North Devon operation, putitng their drivers out of work. Stagecoach added in some services, and took on more drivers - it so happened there were some available in North Devon. And Stagecoach ended up with ... a monopoly and there is ... a lack of competition. Furthermore, they must have been laughing all the way to the bank; no need to buy the First goodwill and operation, no expense as they trimmed it back and merged it.
The CMA also looks at Cartels - the working of public transport companies togather to carve up or control the market for the companies who are co-operating, and against the interest of any companies that are not co-operating. The fact that every current company may be involved in the "fixing" is immaterial - it must not be fixed in case someone else wants to enter the market. CMA have some input into bus (as the exampl ein the previous paragraph suggests) and rail (they have taken an interest in First Group's interest in both
GWR▸ and
SWR» , with particular reference to potential fare fixing from Exeter to London. It's an interesting situation - I would be very surprised to see any open access operator trying for an Exeter to London route - although the CMA would love it, there are no paths on the Honiton line and running via Taunton and Reading it would be abstractive and unlikely to gain
ORR» Open Access approval. What the CMA can consider in this case is potential price fixing; that element being useful, except that the need is perhaps limited due to around half of the fares being regulated anyway, so the companies have little freedom in any case to put profit over franchise contract.
On bus to bus competition, the CMA was always quoted as being a reason that the companies could not work together. But discussions prior to the bus sevices bill becoming the bus services act clearly indicated that the partnership schemes whcih the act allows are designed to allow co-operative working without involving the CMA - and that's especialy useful on thin but currenly competing routes, and in places where mucliple operators have their own little network all of which could usefully work well together with cross ticketing, common timetables, planned connections, etc. My post above suggests this route - the big competitor in Wiltshire is the private car rather that the other bus operator - it's just that another operator's route offers low handging fruit to pick off if you happen to have a spare vehicle and driver at certain times of day.
Bus to train competition? I've no examples of the CMA getting involved. They might is there was a rail feeder from a company different to the train operator, and the train operator stepped in with their on buses - but then we saw the GWR franchise awarded to First in 2005 and on the Chippenham to Trowbridge run, First also ran the buses. Next year, most of the trains were withdrawn - but different times, and indeed since then the First bus service on that route has also been withdrawn, leaving Faresaver with a monopoly. In practise, passengers swicthceing from train to bus and vice versa are not all that many, but that could be because tickets are not interchangable, and different pubc transport access points are used for the most part, so you can't turn up an hop on a bus or train - whichever comes first.