In particular, the Monopolies Commission recommends: 

Avoid potential distortions of competition resulting from capital injections. In 2019 and 2020, the Federal Government announced capital injections totalling around €7.5 billion in favour of the DB Group. From the Federal Government’s perspective as a shareholder, the planned measures are understandable. However, they carry the risk of distorting competition. It cannot be guaranteed that the funds will benefit exclusively the rail infrastructure and not also the rail transport companies within the DB Group. A vertical separation of the rail infrastructure from the rest of the DB Group would prevent distortions of competition of this kind. Given the current group structure, which lacks vertical separation, the rail infrastructure would be better supported through grants for new construction, expansion and replacement measures. Furthermore, the consequences of the Covid-19 pandemic should be mitigated in a way that is neutral in terms of competition. In addition to infrastructure cost support, a time-limited reimbursement of lost revenue for all rail transport companies would be an appropriate measure.

Ensuring a competitive rail market for the future. The introduction of the ‘Deutschlandtakt’ is intended to help shift more traffic onto rail. To this end, train services across the country are to be coordinated at half-hourly or hourly intervals, and journey times are to be reduced. Initial trials are now possible under the revised railway legislation. In order to implement the ‘Deutschlandtakt’ in the long term, further legal adjustments will be necessary in the coming years, for example regarding the track allocation procedure or the introduction of system train paths. Care must be taken to ensure that these are designed in a way that is neutral with regard to competition. The Monopolies Commission therefore recommends introducing a tendering or concession model for long-distance services. This will offer all rail transport operators the opportunity to participate in the Deutschlandtakt.

Harnessing the opportunities of digitalisation in the rail sector. Digitalisation will lead to an increase in the capacity and attractiveness of the rail system. For example, real-time data can be used to inform passengers promptly about delays, disruptions and train cancellations. However, not all sales platforms are currently able to display this information. The Federal Ministry of Transport and Digital Infrastructure is promoting better integration of real-time data. As a result, the first projects are already emerging to make sector-specific online sales systems more attractive to passengers. The Monopolies Commission also recommends granting all sales platforms non-discriminatory access to real-time data, thereby strengthening diversity in online sales.