The European Commission has fined České dráhy (‘ČD') and Österreichische Bundesbahnen (‘ÖBB'), the Czech and Austrian rail incumbents, a total of €48.7 million for breaching EU antitrust rules.
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ČD and ÖBB colluded to prevent a new entrant, RegioJet, from accessing used wagons, thus restricting competition on the rail passenger transport market.
ČD and ÖBB provide rail passenger transport services in Czechia and Austria.
In 2011, RegioJet entered the long-distance rail passenger transport market in Czechia. To compete with ČD and ÖBB, RegioJet largely relied on used wagons.
The Commission's investigation found that, between 2012 and 2016, ČD and ÖBB colluded to maintain their market position and impede the expansion of RegioJet both in Czechia and on the international rail route between Prague and Vienna, in breach of Article 101 of the Treaty on the Functioning of the European Union (‘TFEU').
ČD and ÖBB coordinated their actions in sales processes related to used ÖBB wagons for long-distance passenger transport, to prevent RegioJet from buying them.
ÖBB's wagons were particularly relevant for RegioJet, in light of their quality and modern features, but also because they were already approved for operations in Czechia.
In particular, the Commission found that ČD and ÖBB:
• Collusively timed wagon sales so that RegioJet could not buy ÖBB's used wagons.
• Rigged ÖBB's used wagon sales procedures so that ČD could buy the wagons instead of RegioJet.
• Agreed on a suitable buyer other than RegioJet for ÖBB's used wagons that ČD was not interested in.
• Exchanged confidential information about the bids and degree of interest of other bidders participating in the sales.
In setting the level of fines, the Commission took into account various elements, including the serious nature of the infringement, its geographic scope and its duration.
ÖBB cooperated with the Commission under the leniency programme and therefore received a 16,712,000 fine, reduction of 45%. The reduction reflects the timing of ÖBB's cooperation and the extent to which the evidence it provided helped the Commission to prove the existence of the cartel.