Düsseldorf Higher Regional Court largely confirms the enforceability of the abuse order against Deutsche Bahn

Summary:

On March 8, 2024, the Higher Regional Court of Du00fcsseldorf largely rejected Deutsche Bahn AG's (DB) application for urgent legal protection against the decision of the Federal Cartel Office's (BCO) misuse proceeding against the DB. The BCO had previously found on June 26, 2023, that DB had violated competition law by abusing its market power against mobility platforms. The BCO had required DB to change certain behaviors and contract clauses that hindered mobility platforms as online partners of DB. The court has affirmed the enforceability of several cartel law obligations imposed on DB, including:

Removing advertising restrictions from contracts with mobility platforms
Removing prohibitions on direct and indirect price reductions and provision of rebates to mobility platforms
* Providing mobility platforms with continued access to real-time data on train delays and cancellations for a fee comparable to DB's own data access

The court has also expressed serious doubts about the cost basis used by the BCO to determine the minimum amount of fees to be paid to mobility platforms, and has suspended this requirement pending the outcome of the main proceeding. The decision allows the BCO to continue enforcing its obligations against DB, and DB's opportunities for appeal are still open.