Deutsche Bahn files lawsuit against steel cartel

28 December 2012

German state rail operator Deutsche Bahn (DB) has filed a lawsuit seeking a reported €750 million in damages against four steel track suppliers that have already been fined by the regulator for fixing prices on track orders.

The companies targeted in the lawsuit are German steel producer ThyssenKrupp and German rail infrastructure provider Vossloh as well as its parent Stahlberg Roensch. Czech producer Moravia Steel was also named in the suit, filed in the Frankfurt Regional Court.

In July this year, these companies together with Austrian steel producer Voestalpine were found guilty by Germany’s competition regulator, the Bundeskartellamt, of acting as a cartel.

The regulator imposed fines totalling €124 million against all five companies, including a €103 million fine levied against a ThyssenKrupp subsidiary in Essen, ThyssenKrupp GfT Gleistechnik, alone.

Negotiations


In a statement, DB said the lawsuit was filed after settlement negotiations broke down. Voestalpine remains in negotiations with Deutsche Bahn and was not named in the lawsuit.

DB chief of compliance, privacy, legal affairs and corporate security Gerd Becht said, “In recent months, we have appealed to cartel members to come to an amicable agreement. So far none of the [four] accused companies have taken part in any meaningful compromise discussions. Some have even broken off the talks with us. Therefore, we are compelled to make the claims in court.”

Commenting after the regulator’s fines were imposed this summer, Mr Brecht said the rail operator had been “systematically deceived” for years by the cartel.

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