Deutsche Bahn passes on traffic data to mobility platforms

Deutsche Bahn (DB) has concluded its first contracts with mobility platforms for access to rail passenger transport forecast data. In doing so, it is following conditions set by the Federal Cartel Office, the competition authority writes in a press release. This means that platforms such as Trainline or Omio will receive, for example, delay data, data on train cancellations, current track information or information on major disruptions in real time.

In June 2023, the Federal Cartel Office found that DB was abusing its market power vis-à-vis mobility platforms. DB denied platforms continuous and non-discriminatory access to all data it controls in real time, which is essential for organizing and booking trips with different means of transport (so-called forecast data). The Office ordered DB to change certain practices and contractual clauses.

DB lodged an appeal against the Office's decision with the Düsseldorf Higher Regional Court and applied for urgent legal protection. The court largely rejected this application in March 2024. The main proceedings are still ongoing.

"High benefit in view of frequent delays"

"Considering the frequent delays and cancellations in train services, the benefits for consumers from such services are particularly high. The business models cannot function properly without the transfer of real-time data by the market-dominant Deutsche Bahn," Bundeskartellamt President Andreas Mundt explained. This is important, for example, on platforms where users can compare and book different means of transport, including intermodal.

DB is obliged by the new EU Passenger Rights Regulation, which has been in force since June 2023, and is also prepared in principle to pass on forecast data to inform travelers. However, the regulation needs regulation in important aspects of commercial and technical implementation. The Federal Cartel Office has now set framework conditions for this.

From the perspective of the competition regulators, DB has remedied another point of the infringements it complained about in June 2023. DB had previously remedied restrictions on competition in its contracts with mobility platforms, and new contracts no longer contained any advertising bans. The mobility platforms are now allowed to grant discounts on tickets to their customers – with justified exceptions.

DB also pays commissions to the platforms for brokering tickets and taking over booking and payment processing. The Cartel Office had used a minimum cost standard for the service remuneration, which the Düsseldorf Higher Regional Court expressed serious doubts about in the summary proceedings and suspended the enforcement of this requirement for the duration of the main proceedings.

(anw)