DB is alleged to have imposed significant unfair and restrictive conditions on its sales partners, such as not providing real-time train running data, discounted tickets and preventing certain online marketing activities.
“Innovative, modern mobility concepts and the online sale of travel tickets naturally rely on rail travel,” says Federal Cartel Office president, Mr Andreas Mundt. “Digital platforms via which travellers can book all means of transport to their destination from a single source will therefore be an important market in the future.
“These providers rely on DB for information. According to the information currently available, mobility platforms do not, for example, receive real-time information about departures and delays. DB is also said to set out extensive requirements for online marketing and granting rebates. We are following up these allegations and will examine whether DB is unlawfully restricting the visibility and attractiveness of mobility platforms for consumers.”
"DB confirms that the Bundeskartellamt has initiated a formal administrative procedure to investigate various issues relating to the online sale of tickets," a DB spokesperson told IRJ. "In online distribution, as digitalisation progresses, new questions are emerging that have until now been lacking in established legal practice. DB will fully cooperate with the authority and is optimistic that the facts can be clarified and the allegations can be eliminated."
One question the authority’s investigation will focus on is whether DB imposes restrictions on mobility platforms advertising in app stores, search engines and social networks. The authority is also examining conditions imposed by DB which prevent platforms granting discounts on DB tickets. The inquiry will also clarify to what extent mobility platforms need access to current departure and delay data in order to be able to offer new mobility concepts such as end-to-end intermodal mobility services.
In the course of its investigation, the authority will question various market participants verbally and in writing in the coming weeks.
The investigation has been welcomed by the Alliance of Passenger Rail New Entrants in Europe (AllRail).
“DB is the dominant player in Germany both on the tracks and in rail ticket sales,” says AllRail vice-president, Lord Tony Berkeley. “It clearly wants to maintain the status quo by mitigating the threat of competition through limiting the attractiveness of innovative, customer-centric mobility platforms. Rail will struggle to become more competitive with less sustainable modes of transport if its accessibility is restricted.”
AllRail says that by imposing such conditions on its sales partners, DB is proactively limiting their ability to grow and even threatening their very existence, leading to reduced choice for passengers and making it difficult for new operators to enter the market.
