# C_2014086EN.01000301.xml

| 25.3.2014 | EN | Official Journal of the European Union | C 86/3 |
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25.3.2014

EN

Official Journal of the European Union

C 86/3

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Final report of the Hearing Officer (1)

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Deutsche Bahn I (AT.39678)

Deutsche Bahn II (AT.39731)

2014/C 86/03

| (1) | On 13 June 2012, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against Deutsche Bahn AG and its subsidiaries DB Energie GmbH, DB Mobility Logistics AG, DB Fernverkehr AG and DB Schenker Rail Deutschland AG (together referred to as ‘DB Group’). |
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(1)

On 13 June 2012, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against Deutsche Bahn AG and its subsidiaries DB Energie GmbH, DB Mobility Logistics AG, DB Fernverkehr AG and DB Schenker Rail Deutschland AG (together referred to as ‘DB Group’).

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| (2) | A preliminary assessment was adopted by the Commission on 6 June 2013 pursuant to Article 9(1) of Regulation (EC) No 1/2003 and notified to DB Group on the same day. In the preliminary assessment, the Commission set out its competition concerns as regards a possible infringement by DB Group of Article 102 TFEU. These concerns related to a potential margin squeeze created by the DB Group's pricing system for traction current, including its discounts, on the markets for the provision of rail freight and long distance passenger transport services in Germany. |
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(2)

A preliminary assessment was adopted by the Commission on 6 June 2013 pursuant to Article 9(1) of Regulation (EC) No 1/2003 and notified to DB Group on the same day. In the preliminary assessment, the Commission set out its competition concerns as regards a possible infringement by DB Group of Article 102 TFEU. These concerns related to a potential margin squeeze created by the DB Group's pricing system for traction current, including its discounts, on the markets for the provision of rail freight and long distance passenger transport services in Germany.

| (3) | On 23 July 2013, DB Group submitted commitments in order to meet the Commission's concerns. On 15 August 2013, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments and inviting third parties to submit comments on the proposal (3). |
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(3)

On 23 July 2013, DB Group submitted commitments in order to meet the Commission's concerns. On 15 August 2013, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments and inviting third parties to submit comments on the proposal (3).

Official Journal of the European Union

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| (4) | After the Commission had informed the DB Group of the observations received from 13 interested third parties following the publication of the notice, DB Group submitted an amended commitment proposal. |
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(4)

After the Commission had informed the DB Group of the observations received from 13 interested third parties following the publication of the notice, DB Group submitted an amended commitment proposal.

| (5) | In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by DB Group binding upon it and concludes that, in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end. |
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(5)

In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by DB Group binding upon it and concludes that, in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end.

| (6) | I did not receive any request or complaint from any party to the proceedings in the present case (4). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected. |
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(6)

I did not receive any request or complaint from any party to the proceedings in the present case (4). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.

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Brussels, 13 December 2013.

Wouter WILS

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings, OJ L 275, 20.10.2011, p. 29.

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(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L 1, 4.1.2003, p. 1.

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(3)  Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Cases AT.39678 Deutsche Bahn I, AT.39731 Deutsche Bahn II and AT.39915 Deutsche Bahn III, OJ C 237, 15.8.2013, p. 28.

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(4)  According to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.

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