Bundeskartellamt concludes proceedings against manufacturers of railway sleepers

25.02.2016

The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The proceedings were initiated in 2012 after the so-called rail cartel case had revealed indications of anticompetitive agreements (see press releases of 05.07.2012 and 11.07.2013).

Andreas Mundt, President of the Bundeskartellamt: "Our investigations have shown that several manufacturers of concrete sleepers had agreed among one another on prices. The agreements specifically concerned the award of the framework contracts for 2010/2011 by Deutsche Bahn AG for the supply of turnout sleepers. Ahead of the award, in the autumn of 2009 the companies agreed on a range of prices for the first bids."

The following companies were involved in the cartel: Durtrack GmbH, Möllenhagen, voestalpine BWG GmbH, Butzbach, and Rail.One GmbH, Neumarkt. The Bundeskartellamt has imposed a fine of 1.5 million euros on Durtrack GmbH after reaching a settlement with the company. The fines imposed on the companies voestalpine BWG GmbH and Rail.One GmbH have been waived because by cooperating with the authority these companies have helped to uncover and provide evidence of the cartel. The proceedings against the companies Leonhard Moll Betonwerke GmbH, Munich, and DW Schwellen GmbH, Neuss, were discontinued.

The fine imposed on Durtrack GmbH is not yet final and can be appealed to the Düsseldorf Higher Regional Court.

Along with the concrete sleeper proceedings the Bundeskartellamt also conducted a proceeding involving wooden sleepers. However, this was discontinued because the suspicion that manufacturers of wooden sleepers had concluded anticompetitive agreements among one another to Deutsche Bahn's detriment was not confirmed.

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