The European Commission has opened a formal investigation to assess whether Renfe may have abused its dominant position in the Spanish rail passenger market by refusing to provide all content and real-time data to rival ticketing platforms.
Renfe is Spain’s traditional state-owned rail operator. Renfe sells its tickets offline and online either directly through its websites and apps (i.e. Renfe and Cercanías) and mobility platform (i.e. dōcō), or indirectly through third-party ticketing platforms.
Third-party ticketing platforms are companies that offer online ticketing services to customers via apps or websites (i.e. online travel agents).
The Commission is concerned that Renfe may have restricted competition in the Spanish market for online rail ticketing services by refusing to provide third party ticketing platforms with: full information on its range of tickets, discounts and features but also real-time data (before the journey, during the journey or after the journey) related to its rail passenger services.
Renfe currently provides real-time content and data on its own websites and apps, but may have refused to provide direct access to all this information to third-party ticketing platforms. Third-party ticketing platforms display offers from different rail carriers and provide online customer search, comparison, booking and payment services. These platforms must have access to all Renfe content and real-time data in order to adapt their offers to customers’ needs.
The Commission is concerned that Renfe’s alleged refusal to provide this content and real-time data may prevent platforms from competing with Renfe’s own direct digital channels, to the detriment of consumers. If proven, the conduct under investigation may violate EU competition rules, which prohibit abuse of a dominant position (Article 102 of the Treaty on the Functioning of the European Union (TFEU). The Commission will now conduct its in-depth investigation as a matter of priority.
In parallel to the opening of proceedings, the Commission has adopted a preliminary assessment summarising the main facts of the case and identifying its competition concerns. In order to meet the Commission’s concerns, Renfe may now submit commitments.
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