Further important step in implementing the Bundeskartellamt’s ruling on abusive practices against Deutsche Bahn – mobility platforms gain access to real-time data

Deutsche Bahn AG (DB) has concluded first agreements with mobility platforms regarding access to real-time data for passenger rail services under the conditions specified by the Bundeskartellamt. The mobility platforms will, for example, now receive real-time data on delays and train cancellations and up-to-date information on departure platforms or major disruptions. In addition to the changes already made to  existing agreements, DB has thus implemented a further important part of the Bundeskartellamt’s ruling.

In June 2023 the Bundeskartellamt ruled that DB was in violation of competition law as the group abused its market power in relation to mobility platforms. The Bundeskartellamt ordered DB to change certain practices and contractual clauses (see press release of 28 June 2023 and FAQ to the proceeding). DB appealed the authority’s decision to the Düsseldorf Higher Regional Court and also requested summary proceedings. The court rejected large parts of DB’s request in March 2024. The main proceeding is still ongoing.

Andreas Mundt, President of the Bundeskartellamt: “Our proceeding against Deutsche Bahn has achieved real improvements for innovative mobility services in Germany. We have not only improved their contractual rights in relation to DB, but also ensured that from now on mobility platforms can provide passengers with live information on delays or train cancellations during their journey, recommend alternative itineraries or even propose adjusting their itineraries by using different means of transport. In view of frequent cancellations and delays in train services, the provision of such information is particularly valuable for consumers. The mobility services’ business models cannot function properly without real-time data provided by the dominant incumbent, Deutsche Bahn.”

Consumers can compare and book different means of transport via the online platforms and apps provided by mobility platforms which serve as one-stop shops for mobility services. In this way, consumers can even book multimodal journeys where different means of transport are used. The digital solutions for planning a journey contribute to integrating public and private transport options more closely, for example by combining train journeys with flights, long-distance coach services or carsharing.

To the extent that the Bundeskartellamt’s ruling against DB is enforceable, the granting of access to real-time data concludes the implementation of this ruling. The new EU rail passenger rights regulation, which has been in force since 7 June 2023, requires DB, which is generally prepared to do so, to share real-time data for the purpose of informing passengers. However, in the Bundeskartellamt’s view, this is not sufficient to end the violation of competition law. In particular, the EU regulation does not address important commercial and technical aspects of implementing data access. In this respect the Bundeskartellamt has set the framework conditions required under competition law.

DB had already previously discontinued other restraints of competition the Bundeskartellamt had found in the company’s agreements with mobility platforms. New agreements no longer include advertising bans. Apart from justified exceptions, mobility platforms can grant their customers discounts on tickets. Furthermore, DB pays platforms an intermediary commission for arranging ticket sales and carrying out the booking and payment processes. In the present case the Bundeskartellamt had applied a minimum cost benchmark to the remuneration to be paid to platforms. However, in summary proceedings the Düsseldorf Higher Regional Court expressed serious doubts as to this benchmark and suspended the enforceability of that particular obligation for the duration of the main proceeding (see news of 11 March 2024).