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28.—(1) The Department shall be responsible for—
(a)monitoring; and
(b)determining complaints lodged under paragraph (2) relating to,
competition in the rail services markets, including the rail freight transport market.
(2) Any applicant or interested party may submit a complaint to the Department, in such form and manner as the Department may from time to time prescribe, if it believes that it has been treated unjustly, been the subject of discrimination or has been injured in any other way.
(3) Subject to paragraph (4) where, following receipt of—
(a)complaints lodged under paragraph (2); or
(b)information gathered on its own initiative,
the Department identifies undesirable developments in relation to competition in the rail services markets it must, at the earliest possible opportunity, determine measures and take appropriate action to correct those developments.
(4) Paragraph (3) is without prejudice to the rights of any person to make an application to the court under Order 53 of the Rules of the Supreme Court (Northern Ireland) 1980.
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