Bundeskartellamt initiates investigation proceedings against Deutsche Bahn AG: the company has refused to include a competitor’s timetable data in its timetable information service

The Bundeskartellamt has initiated investigation proceedings against Deutsche Bahn AG (DB AG) on account of its refusal to include, by 14 February 2003, timetable information and fares on two long-distance routes operated by the Connex group (Gera – Berlin – Rostock and Zittau – Berlin – Stralsund) in its information and timetable systems.  DB AG is suspected of violating the prohibition of abusing a dominant position and thus of having committed an administrative offence.

DB AG has so far been the sole provider of long-distance passenger rail services. Connex was the first competitor to enter this market on a limited scale. The Bundeskartellamt is examining whether Connex’ opportunities to compete have been substantially impaired by DB AG’s conduct without any objective justification.  DB AG’s refusal was directed specifically at Connex because the timetables of rail companies operating in the short-distance rail passenger sector is included in DB AG’s information systems.

The President of the Bundeskartellamt, Ulf Böge, sees the objective of liberalisation in the rail sector, i.e. to open up the market to more competition, under threat if the timetables and fares of a new supplier are not included in Deutsche Bahn’s information systems commonly used by rail customers without any objective justification. According to Böge transparency is an essential element for the creation of competition. This was also evident in the context of access by competitors to electricity and gas networks. If the necessary transparency is prevented, this will not only hinder current competitors but will also have a profound deterring effect on potential competitors.