“Reorganisation contribution” demanded by Deutsche Bahn AG raises competition concerns

In response to enquiries in this regard, the Bundeskartellamt points out that Deutsche Bahn’s demand that its suppliers make a retrospective so-called “reorganisation contribution” raises serious competition concerns. According to press reports, Deutsche Bahn AG sent written requests to 330 small and medium-sized Bahn suppliers and, with a hint at “long-term customer relations”, asked them to remit by 18 November of this year 10 per cent of their 2002 turnover to an account specified in the letter.

The Bundeskartellamt has called upon Deutsche Bahn AG to comment on this matter and to immediately stop demanding a reorganisation contribution from its suppliers.

The President of the Bundeskartellamt, Ulf Böge, stated: “In a similar case the Federal Supreme Court recently confirmed that if a powerful buyer demands retrospective special terms from its suppliers, these constitute inadmissible preferential terms. This is a violation of competition law (Section 20 of the ARC). Against this background and in view of the imminent expiry of the deadline, the suppliers concerned should for the time being avoid making the payment, await the further development of the proceedings and, where necessary, contact the Bundeskartellamt, on request in confidence.