Is Deutsche Bahn abusing its market power?

Deutsche Bahn is abusing its market power: the Federal Cartel Office accuses the group of doing so. Because the company violates competition law when selling tickets. DB sees things differently and wants to take legal action against the decision.

Deutsche Bahn (DB) is accused of abusing its market power. Loud a notification from the Federal Cartel Office the group violates competition law when selling tickets via its own mobility platforms.

Abuse of market power: Deutsche Bahn distorts competition

As one of the leading mobility providers, Deutsche Bahn occupies an important key position in competition, the office writes in its statement. With its own online portal “bahn.de” and the DB Navigator app, Deutsche Bahn is in competition with other platforms on the market for integrated mobility services.

According to the Bundeskartellamt’s findings, DB is distorting competition for integrated mobility services compared to platforms that offer their services predominantly neutrally or across company and transport boundaries. So far, it has done this by means of anti-competitive contractual clauses and refuses continuous and non-discriminatory access to the real-time traffic data controlled by DB, which is essential for the organization and booking of intermodal travel chains, i.e. trips with different means of transport.

Dispute with Deutsche Bahn so far without solution

Other mobility providers had already complained about Deutsche Bahn in the past. The group does not provide them with the necessary data on delays, journeys or train cancellations. Therefore, they could not offer combinations of train tickets with flights, car sharing, long-distance buses or rental bikes.

The Federal Cartel Office initiated abuse proceedings at the end of 2019. Despite lengthy negotiations, the parties have not yet been able to agree on an amicable solution.

Deutsche Bahn criticizes the decision of the Federal Cartel Office

The Bundeskartellamt instructed Deutsche Bahn to change its behavior and contractual clauses. However, the DB sees this according to its own Explanation not a. The resolution issued goes far beyond the original requirements, it says there. It obliges the company to remunerate online platforms for the sale of DB tickets, even if their services would not offer any added value for the group due to their very well developed DB sales channels.

The terms protected by trademark law would also have to be released in the future due to the search engine marketing of other portals. The decision would therefore have far-reaching economic consequences. In addition, the railways speak of subsidizing online platforms.

The decision of the Federal Cartel Office is not yet final. Deutsche Bahn has one month to lodge an appeal against the authority’s decision.

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