The Federal Network Agency has asked the Monopolies Commission, as part of the appeal proceedings brought by Italo – Nuovo Trasporto Viaggiatori S.p.A. against DB InfraGO AG’s infrastructure usage conditions, to provide its opinion on a current draft decision.

The Monopolies Commission is very happy to comply with the Federal Network Agency’s request and welcomes the draft. In principle, it is suitable for providing planning certainty for the new operator, Italo, and for enabling investment in rolling stock, staff and infrastructure. The long-term availability of sufficient train paths and service areas is a crucial prerequisite for the viability of investments by long-distance passenger rail operators (SPFV). The Monopolies Commission has already highlighted this in the 2015 Rail Sector Report (para. 100 et seq.). The procurement of rolling stock in the long-distance passenger rail sector involves very high levels of investment. For example, Italo plans to invest EUR 3.6 billion and procure 30 new trains. Such funding must be secured by long-term train path capacity.

The Monopoly Commission’s detailed assessments can be found in its statement.