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EU competition law: fines for ČD/ÖBB used-wagon boycott; General Court backs Madeira Free Zone state aid recovery; Swedish biogas/bio-propane tax exemptions cleared; new merger notifications

Published on: 23 October 2024

Published by a LexisNexis Competition expert
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Antitrust Commission fines České dráhy and ÖBB €48.7m for collective boycott

The Commission has adopted an infringement decision against České dráhy (ČD) and Österreichische Bundesbahnen (ÖBB) for conspiring to stop the newcomer RegioJet from obtaining second-hand wagons, thereby curbing competition in the passenger rail market. Penalties amounting to €48.7m were imposed on both companies. As ÖBB cooperated with the Commission under the 2006 Leniency Notice, it benefited from a 45% reduction in its fine.

RegioJet entered the long-distance rail passenger market in Czechia in 2011. To challenge ČD and ÖBB, it primarily depended on used coaches.

The investigation concluded that, between 2012 and 2016, ČD and ÖBB coordinated to preserve their market position and obstruct RegioJet’s growth both within Czechia and on the cross-border Prague–Vienna route, in breach of Article 101 TFEU. In particular, the two operators aligned their conduct in sales processes for used ÖBB long-distance passenger wagons to stop RegioJet purchasing them. ÖBB’s stock was especially significant for RegioJet due to its quality and modern features, and because it was already authorised for use in Czechia...

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