The Bundeskartellamt Issues a Statement of Objections Against Deutsche Bahn Due to the Possible Hindrance Of Mobility Platforms

The German Competition Authority (“the Bundeskartellamt”) has come to the preliminary conclusion that certain practices and contractual clauses used by Deutsche Bahn (“DB”) in relation to mobility platforms constitute an abuse of market power.

In late 2019, the Bundeskartellamt initiated an abuse proceeding against DB due to violating Sections 19 and 20 of the German Competition Act (GWB) and Article 102 TFEU. Based on the current state of the investigation, DB plays a double role. On the one hand, the company is a powerful mobility platform with its online platform bahn.de and its app DB Navigator. In addition to selling its own tickets, DB itself offers combinations of various modes of transport and also sells third-party tickets for more than 50 associations of transport companies. On the other hand, as the leading rail transport company, DB has the possibility to use its key role to control the use of rail transport in third-party offers.

Based on the current results, the restraints of competition also affect the interests of other transport companies which can also be found on the platforms of DB’s online partners. Especially for the significantly smaller and lesser-known railway companies in Germany, mobility platforms can be an important channel to increase their reach and win customers for their transport services. If, however, passengers are always directed to DB’s channels, either directly or indirectly, alternative transport companies can reach only a few potential customers with their transport offers and DB’s market power is further strengthened also in the transport markets.

DB and mobility platforms admitted to the proceeding are now given the possibility to comment on the Bundeskartellamt’s preliminary findings.

You can reach further information here.

Kind regards, 

Zumbul Attorneys at Law

info@zumbul.av.tr