FORTESCUE Metals Group has won a draft National Competition Council ruling in its favour, giving it access to BHP Billiton’s Mt Newman railway. The draft recomme-ndation is subject to further discussion, however, before a final recommendation is made to Treasurer Peter Costello, who will have 60 days to make a decision. A BHP Billiton challenge to the NCC’s draft “declaration” of the Mt Newman railway as service is also currently underway in the Federal Court.