Spanish Competition Agency imposes fines on RENFE and Deutsche Bahn
Although Deusche Bahn was the only competitor of RENFE in traction services and the first provider of freight rail services in Europe; instead of competing with RENFE, it decided to sublease its own service to RENFE, a way for the Spanish company to remain as the sole provider of traction services in Spain.
The Spanish Competition Agency (CNMC) opened an investigation on 21 October 2014 into various providers of railway freight services in Spain, after a complaint was filed by the Asociación de Empresas Ferroviarias Privada (AEFP) on 28 March 2014.
The CNMC sent a Statement of Objection to Deutsche Bahn and RENFE on 24 August 2015 for anticompetitive practices. Both companies asked to close the case with commitments, but their respective proposals were rejected by CNMC in 2016.
In a decision dated 28 February 2017, the CNMC imposed fines to two companies of RENFE Group (Renfe Operadora and Renfe Mercancias) and eight companies of Deutsche Bahn Group (Transfesa, Transfesa Rail, PIF, Hispanauto, Semat, DBIH, DB ML, DB SR Deutschland) having found that they engaged in anticompetitive agreements and practices. RENFE has been also fined for having abused its dominant position in the provision of traction services.
RENFE Group and Deutsche Bahn Group represent more than 80% of the railway freight services in Spain. In the CNMC’s opinion, their behaviour did not comply with the objective of liberalising the freight railway services sector, and thus affected trade between Member States.
Regarding the first infringement, the CNMC noted that various agreements between both Groups had an anticompetitive effect on the market. Agreements consisted of offering special conditions between themselves for providing railfreight services, such as rental of locomotives or of parking spaces for vehicles awaiting transportation, and other relevant activities.
Although Deusche Bahn was the only competitor of RENFE in traction service and the first provider of freight rail services in Europe; instead of competing with RENFE, it decided to sublease its own service to RENFE, a way for the Spanish company to stay the unique provider of traction service by its own in Spain.
Regarding the second infringement, the CNMC stated that RENFE abused its dominant position in the provision of traction services, by discriminating against other freight rail providers, especially the members of the AEFP. The conditions offered to these companies were disproportionate compared to the conditions offered to Deutsche Bahn Group.
Consequently, the CNMC imposed a fine of €49.9m against Renfe Operadora and Renfe Mercancías and a fine of €10.5m against Transfesa, Transfesa Rail, PIF, Hispanauto, Semat, DHIB, DB ML, DB SR Deutschland, for anticompetitive practices.
It also imposed a fine of €15.1m against RENFE for abusing its dominant position. RENFE decided to appeal the decision of the CNMC before the Audiencia Nacional.
