The Cartel Office accuses Deutsche Bahn of discriminating against ticket platforms such as Trainline or Omnio. In the future, the railways will have to provide them with data on delays. Deutsche Bahn responded “with great incomprehension”.
In the opinion of the Federal Cartel Office, Deutsche Bahn has disadvantaged competing online platforms that also sell train tickets in an anti-competitive manner when it comes to marketing train tickets. Now the railway company has received an instruction from the office.
“According to the findings of the Federal Cartel Office, DB uses its key position in the transport and infrastructure markets to restrict competition from third-party mobility platforms,” the authority said.
Requested release of more data
In concrete terms, it is about the publication of data, for example on delays, train cancellations, additional train journeys or also on current platform information and platform changes for certain trains. According to the antitrust authorities, the railways did not provide sufficient data to portals such as Trainline and Omnio.
The company also withheld a commission from its competitors for brokering the train tickets. Without such commissions, the marketing of the tickets for the platforms does not pay off.
The Cartel Office is now instructing Deutsche Bahn to rectify these omissions. An amicable solution failed after long negotiations. “Therefore, an official order is required.”
commission and performance fee
“We want to prevent Deutsche Bahn, with its own entrepreneurial interests, from expanding its dominance in rail passenger transport to future-oriented mobility markets and innovative mobility providers from being slowed down,” said Andreas Mundt, head of the Cartel Office. In the future, the railway will therefore also have to pay “a service fee based on minimum antitrust standards” and a commission on ticket sales.
In addition, marketers will be allowed to use their own discount campaigns, bonus point or cashback programs in the future. So far there has been unequal treatment, since the railways themselves have also been making such offers to their ticket buyers for a long time.
Bahn plans to lodge a complaint
The Deutsche Bahn’s instructions met with different responses from the parties concerned. Marketers said they were pleased with the agency’s decision. “Today’s decision by the Federal Cartel Office is an important step in the right direction for German rail passengers,” says Jody Ford, head of the Trainline sales platform.
The railway wants to lodge an appeal against the directive of the cartel authority. This is possible within a month. The decision of the Federal Cartel Office is still final. The Düsseldorf Higher Regional Court then decided on an appeal.
According to Deutsche Bahn, the Federal Cartel Office is intervening “in core issues of DB’s entrepreneurial freedom”. The high additional burdens caused by the required changes to the sales model would not be offset by any corresponding savings or additional income.