On 8 March 2024 the Düsseldorf Higher Regional Court decided to reject large parts of Deutsche Bahn AG’s ( DB ) request for summary proceedings against the Bundeskartellamt’s decision in its abuse proceedings against DB . On 26 June 2023 the Bundeskartellamt had ruled that DB was in violation of competition law due to abusing its market power in relation to mobility platforms. The authority had ordered DB to change certain practices and contractual clauses that it found to be restricting competition at the expense of rival mobility platforms ( see press release of 28 June 2023 ).

Andreas Mundt, President of the Bundeskartellamt :

In particular, the following competition law obligations imposed on DB by the Bundeskartellamt remain enforceable:

Following a summary review, the court has upheld the Bundeskartellamt’s ruling that DB is required under competition law to pay the platforms a fee or commission for processing bookings and payments and for ticket sales. The Bundeskartellamt had also provided precise details as to the minimum amount of fees DB had to pay to the platforms. However, the court has serious doubts about the cost benchmark applied in this case and has suspended this obligation for the duration of the main proceedings.

The court did not grant leave to appeal the summary decision on points of law. A definitive decision on the legality of the obligations will be taken in the main proceedings. Following this decision, DB may lodge an appeal on points of law or an appeal against refusal to grant leave to appeal with the Federal Court of Justice.

Düsseldorf Court Upholds Bundeskartellamt's Ruling on Deutsche Bahn Abusive Practices

The Düsseldorf Higher Regional Court rejected large parts of Deutsche Bahn AG's request for summary proceedings against the Bundeskartellamt's decision on abusive practices. The Bundeskartellamt had found DB in violation of competition law for abusing its market power in relation to mobility platforms, ordering DB to change certain practices and contractual clauses restricting competition. The court upheld the obligation for DB to pay fees to platforms for processing bookings and payments, with doubts on the cost benchmark applied. The decision is subject to further review in the main proceedings, with the possibility for DB to appeal to the Federal Court of Justice.

Düsseldorf Court Upholds Bundeskartellamt's Ruling on Deutsche Bahn Abusive Practices

The Düsseldorf Higher Regional Court largely upheld the Bundeskartellamt's decision against Deutsche Bahn for abusing its market power in relation to mobility platforms, requiring DB to pay fees to the platforms for processing bookings and payments.