Yes it is.
I could be wrong but my recollection is that the DfT were not best pleased at that outcome (the TPE 170s to Chiltern) and have since set out to ensure that their finger is on the scales when it comes to things like that.
The DfT like to talk about a "free market" for rolling stock and how it's up to the TOCs and ROSCOs to sort things out amongst themselves. Right up until they do something that the DfT doesn't like...
